IATA welcomes SC ruling on capacity reduction at Schiphol Airport

IATA welcomes Dutch SC ruling on capacity reduction at Schiphol Airport

IATA says that the original decision from the Amsterdam District Court was upheld by the top court of the Netherlands

Air transport association IATA has welcomed the ruling of the Supreme Court of the Netherlands, that unilaterally cutting number of flights at Schiphol Airport was not in compliance with the balanced approach to noise management.

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The International Air Transport Association (IATA) has welcomed the Supreme Court verdict that has rejected the cut in number of flights allowed at Schiphol Airport in Amsterdam, the capital of the Netherlands.

In a press statement, IATA says that the original decision from the Amsterdam District Court was upheld by the top court in the country which also ruled that the ‘experimental regulation’ to reduce Schiphol’s capacity was not in compliance with the balanced approach to noise management.

Willie Walsh

“We welcome this decision from the Supreme Court, affirming the original decision of the Amsterdam District Court that the unilateral cuts to flight numbers at Schiphol were unlawful, and overturning the Court of Appeal. 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,” says Willie Walsh, Director General, IATA.

“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. Furthermore, we hope any other government thinking of disregarding the balanced approach will take note of this decision. It is a proven and successful process and should not be ignored,” Walsh adds.

Initially, the Dutch government had decided to reduce Schiphol airport’s capacity. Schiphol Airport is already restricted to 500,000 flights annually. The government’s decree would have reneged on that agreement, reducing Schiphol connectivity to 460,000 flights from November 2023.

To this, legal challenges were lodged by IATA, KLM and other airlines against the Dutch government.

IATA and the global airline community had cited that this decision contravenes EU Regulation 598/2014 on noise-related operating restrictions at EU airports.

IATA had said it also disregards the Chicago Convention, a binding international agreement to which the Netherlands is a signatory. Annex 16 of the Convention contains provisions for the ‘Balanced Approach to Aircraft Noise Management’ which States are obligated to follow when taking measures to managing the noise impacts of aviation.