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KLM flights taking off at Schiphol.
Credit: Imago/Alamy
The Dutch Council of State has overturned a flight cap imposed at Amsterdam Airport Schiphol, saying the Netherlands government did not properly draft the decree that brought the cap into law and did not provide adequate reasons for it.
The Council of State issued its ruling March 11, in the latest step in a long-running attempt to put measures in place to reduce noise at the airport, one of Europe’s busiest.
A first attempt by the government to impose a flight cap met with a backlash from the aviation industry, and the government had to reverse course and follow the balanced approach procedure. Under European Union law, member states must follow the balanced approach procedure when they want to reduce airport noise.
That procedure eventually led to the introduction into law of a flight cap of 478,000 flight movements per year, through an Airport Traffic Decree (ATD). Behind the scenes, however, a legal challenge to the cap was taking place.
A spokesperson for the Council of State, the country’s highest court, said before the ruling that its verdict could not be appealed.
“The minister of infrastructure and water management did not carefully draft the [ATD] for Schiphol, which limited the number of flights, and did not provide adequate reasons for it. Therefore, the decision cannot be upheld,” the Council of State said.
Airlines, local residents, municipalities and associations had appealed the ATD for various reasons. Carriers objected to the flight restrictions, and surrounding municipalities, environmental organizations and local residents wanted a further restriction due to noise pollution.
“In the opinion of the Administrative Jurisdiction Division, the minister has not adequately substantiated his decision. According to the minister, the established maximum number of flights should therefore serve as a limit for noise exposure. However, that limit can change, because a maximum number of flights does not establish the maximum noise exposure,” the Council of State said.
“Not every aircraft produces the same amount of noise, so the sum of flights alone does not sufficiently reflect the total amount of noise that may be produced in a year,” the council added.
The ruling also stated that the minister had not made it clear that the amended traffic decree would lead to a reduction in noise pollution for residents near the airport, which was the original purpose of the decree.
The ruling annuls the latest ATD that saw the flight cap pass into law, which means that the previous decree from 2008 remains in place. This decree does not specify a maximum number of flights per year.
However, the annulled decree included a reduction in the maximum number of night flights to 27,000 from 32,000. As none of the parties objected to that part of the decision, an interim ruling now stipulates that limit.
The cabinet is currently preparing a comprehensive amendment to the ATD, and the interim measure will expire once that comes into effect, the Council of State said.
The Netherlands' flag carrier KLM Royal Dutch Airlines said: “KLM has taken note of the ruling by the Council of State, in which the expedited Schiphol [ATD] has been annulled. This decision confirms that a legally robust and careful approach is necessary for all parties involved.”
Noting the need to "study the ruling" prior to commenting in detail, the Ministry of Infrastructure and Water Management said: "The ruling further underscores the importance of the larger revision of the [ATD] that we sent to parliament earlier this year. With that ATD, we will resolve the legal foundation for Schiphol Airport."
A Schiphol Airport spokesperson echoed the ministry's intention to “study the ruling carefully," saying the air hub “will consult with the Ministry of Infrastructure and Water Management to understand what it means for the airport and the number of flights.”
“Schiphol, local residents and the aviation sector need clarity and legal certainty about the rules," the spokesperson said, adding that it is important for the new ATD process to continue.
“Such a decree provides a legal basis for Schiphol’s operations, strengthens the position of local residents and enables further reductions in noise and disturbance. The points raised by the Council of State can be incorporated by the minister in that process.”
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