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A Dutch court has ruled that the Netherlands must follow a European Union procedure for reducing noise at Amsterdam’s Schiphol Airport, rather than imposing a flight cap.
The decision backs up airlines that had brought the case, the final appeal in a long legal battle over plans for the airport.
The High Council, also referred to as the Netherlands’ Supreme Court, was ruling in an appeal brought by airlines. It upheld the original decision of an Amsterdam court.
“Today the Supreme Court ruled that any measure leading to a reduction in the number of aircraft movements at Schiphol must go through a balanced-approach procedure in accordance with European legislation,” said KLM Royal Dutch Airlines, whose hub is at Schiphol.
“KLM supports the Supreme Court’s clearly substantiated ruling. KLM wants to continue to connect the Netherlands with the rest of the world in balance with the environment. To this end, we have drawn up the cleaner, quieter and more fuel-efficient plan, which shows that the common goal of reducing noise pollution can be achieved without reducing the number of aircraft movements.”
A spokesperson for the Netherlands government said, “Today, the Supreme Court ruled that the State cannot introduce the cessation of anticipatory enforcement in combination with the experimental scheme without going through a Balanced Approach procedure. A Balanced Approach procedure is already underway.”
The government also indicated in the outline agreement that legal protection for people living in the vicinity of Schiphol must be restored. “In the coming weeks, we will study the ruling in more detail and make a decision on the follow-up procedure,” the government spokesperson said.
IATA also welcomed the ruling.
“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 DG Willie Walsh said. “We expect 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—with the utmost care with regards to Schiphol.”
The Dutch government first unveiled its plans to limit flight movements to reduce noise at one of Europe’s busiest airports in June 2022. It wanted to reduce the maximum number of flights allowed to 460,000 per year, to fill a legal gap left after previous air traffic legislation was due to be updated and planned new legislation never came into force.
The move sparked a long legal back-and-forth with airlines—which argued the move would harm their networks and the country’s economy.
In 2023, judges ruled that the Dutch government could not simply impose the new rule but must follow the balanced approach procedure set out for EU member states to follow if they want to reduce noise at an airport—and under which imposing limits on operation are the last resort.
On appeal, the government won, but airlines appealed the decision again, leading to the July 12 ruling.
The ruling may not make a significant difference to the next steps at Schiphol, as the government’s plans to impose flight limits had already been suspended under pressure from airlines, and the EU balanced approach procedure is already well advanced.
Consultations have been taking place in recent weeks on the measures that could help reduce noise, including proposals such as banning the noisiest aircraft and making use of quieter aircraft in nighttime slots. Any shortfall in planned noise reduction—the target is for a 20% cut during the day and 15% cut at night—would then be made up by a flight cap at 460,000-470,000 flight movements, according to one source, so as severe a cap as the government initially tried to put in place.
The next step in the balanced approach process is for the proposed measures to be put to the European Commission (EC). The measures can then start to be put in place if the EC gives the go-ahead.
But the ruling has wider implications, as airport noise and pollution comes under greater scrutiny across Europe. In France, studies into the impact of noise at several French airports have taken place, and in May Belgium’s health council recently recommended a ban on night flights.
European NGO Transport & Environment recently released a study, based on extrapolating from data gathered around Schiphol itself, that suggests ultra-fine particle emissions from airports can have a significant impact on the health of local residents.
“We hope any other government thinking of disregarding the balanced approach will take note of this decision,” IATA’s Walsh said. “It is a proven and successful process and should not be ignored.”
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