
Schiphol ruling: A landmark victory for the aviation industry
In a crucial ruling, the Supreme Court of the Netherlands has made a landmark decision that could have far-reaching consequences for the aviation industry and airport noise control. The ruling blocking a reduction in aircraft movements at Amsterdam Schiphol Airport was welcomed by KLM Royal Dutch Airlines and the International Air Transport Association (IATA). This ruling confirms the need for a balanced approach to noise control in accordance with European Union (EU) directives. The lengthy legal battle began in February 2023, when the Dutch government decided to reduce Schiphol's capacity from 500.000 to 440.000 flights per year. A trial limit of 460.000 flights per year was to be implemented from November 1, 2023 to October 2024. This move was initiated in response to ongoing noise complaints from residents living around the airport. The reduction was intended to reduce noise levels and improve the quality of life of local residents. However, KLM and IATA considered this decision unlawful and filed a lawsuit supported by several other airlines, including Air Canada, United Airlines, FedEx Express, Delta Air Lines, JetBlue Airways, British Airways, Vueling Airlines, Lufthansa, TUI fly (Netherlands), Corendon Dutch Airlines, easyJet and the US lobby group Airlines for America. The ruling and its reasoning The District Court of Noord-Holland ruled on April 5, 2023 in interim relief proceedings that the Dutch government had not followed the correct procedure when introducing the cap. On July 7, 2023, the Court of Appeal overturned this decision and allowed Schiphol to reduce capacity by 2024% from March 12.