Supreme Court in the Netherlands Rules Against Plan To Reduce Capacity at Schiphol

The Dutch Supreme Court has ruled that a proposal to scale back flight operations at Amsterdam Schiphol Airport to help address environmental concerns was not compliant with European law.

In a ruling announced today, the court said the airport must follow what is known as the “Balanced Approach” procedure in line with European legislation and cannot just decide to reduce flights, per Reuters.

Today’s Supreme Court decision upheld a previous decision from the Amsterdam District Court’, which said the experimental plan to cut Schiphol’s capacity was non-compliant.

The ruling today also overturned a previous judgement that said the Dutch State could proceed with implementing two proposals to reduce noise pollution at Schiphol, which is one of Europe’s busiest airports.

"The decision of the Amsterdam Court of Appeal that the Dutch State was allowed to implement two proposed measures to reduce noise pollution at Schiphol will not be upheld. Based on European rules, a balanced approach procedure must be followed (to implement) the measures", the Supreme Court said in the statement it issued on the matter.

KLM Royal Dutch Airlines, the flag carrier of the Netherlands, supports the Supreme Court ruling. Per Reuters, the airline says it aims to connect the Netherlands globally while also balancing environmental concerns. The carrier has put forth a plan to reduce pollution through such measures as cleaner, quieter, more fuel efficient operations. The airline would not reduce aircraft movement.

The International Air Transport Association (IATA) also issued a statement supporting the Supreme Court ruling.

“We welcome this decision from the Supreme Court, affirming the original decision of the Amsterdam District Court that the unilateral cuts to flight numbers at Schiphol were unlawful, and overturning the Court of Appeal,” IATA said in a statement. There is an internationally-agreed means of managing airport noise – the Balanced Approach – which protects the national and regional benefits of air connectivity while helping to mitigate noise impacts for local residents.”

IATA added that it expects “the new Dutch Government will respect today’s decision and proceed to apply the Balanced Approach, which is also enshrined in EU law and international treaties.”

It has been a long journey for the proposal, which was opposed by KLM and many other parties, including the United States.

The airport had been trying address both noise issues and CO2 emissions with their proposal, which would have reduced the number of flights to the airport from 500,000 to 460,000. The aim was to find a more equitable balance between the interests of aviation and the environment. 


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