The Dutch government may not allow Schiphol to contract at its own discretion but must follow European rules, also in the case of the experimental regulation. This is what the Supreme Court determined following summary proceedings that various parties from the aviation sector had filed against the State and Schiphol. You can read more about this here.
Published on: 18 July 2024
The Supreme Court's ruling is the latest in a long line of steps that started in the summer of 2022. At that time, former Minister Harbers of Infrastructure and Water Management (I&W) announced that he wanted to reduce the number of flights to and from Schiphol to a maximum of 440,000 per year. According to him, this is necessary to reduce noise nuisance around Schiphol.
Balanced Approach procedure
The Dutch government cannot simply make this decision on its own. To reduce the number of flights, the government must follow European rules and international treaties. That is done by means of the so-called Balanced Approach procedure. This sets targets through a package of measures aimed at reducing noise nuisance around Schiphol.
Experimental regulation
However, such a procedure takes a long time. But because the minister wanted to do something to reduce noise nuisance in the Schiphol area, he introduced two new measures in March 2023: ending anticipatory enforcement and introducing a preliminary (experimental) scheme.
Court involvement
A number of parties from the aviation sector, including several airlines and the international aviation umbrella organisation IATA, did not agree with this and went to court. In April 2023, the summary proceedings judge in Haarlem ruled in favour of these parties, but in September that judgment was overturned by the court in Amsterdam. The aviation parties involved then appealed against this to the Supreme Court.
Impact on capacity
The Supreme Court has now decided not to uphold the decision of the court in Amsterdam. European regulations state that if a measure introduced to reduce noise nuisance affects the capacity of an airport, the Balanced Approach procedure must be followed. And according to the Supreme Court, this is the case with the experimental regulation, which was previously suspended by the minister.
Clarity and certainty
Thanks to the Supreme Court's ruling, there is now definitive clarity and certainty that a Balanced Approach is necessary if the government wants to reduce the number of flights at our airport due to noise. That clarity is valuable for everyone. Ultimately, we want to move towards a new Airport Traffic Decree that combines legal protection for local residents, prospects for the sector and clear rules to reduce nuisance and emissions. We will continue to work on this together with the government, the sector and the environment.