After many years of litigation, the Supreme Court of the Netherlands found that in 2014 there was a transfer of business from Martinair to KLM. The lower courts saw it differently and initially did not agree with the 152 plaintiffs.

The lawsuit was directed against both KLM and the responsible union, which had given its approval for the dismissals of the cargo pilots concerned. The Supreme Court now ruled that "the cargo pilots were legally employed by KLM with effect from January 1, 2014 and all rights and obligations from the employment contract between the cargo pilots and Martinair were transferred to KLM at the time of the transfer of operations".

Furthermore, the pilots had to be offered a job at KLM within 20 days of the delivery of the judgment. The employment must take place within a maximum of six months, taking into account the position previously held at Martinair. This sub-aspect is likely to be aimed primarily at pilots who did not get a job at KLM.

The union must acknowledge the assignment of the claims and also bear the legal and court costs together with KLM. A total of 152 Martinair cargo pilots had sued.