Dutch court halts Hague limit on flights at Schiphol

A Dutch court has halted a government-imposed cap on flights at Amsterdam’s Schiphol airport from November by issuing an interim injunction.

The ruling came in response to legal action brought by airline association Iata, Dutch carrier KLM and other airlines including British Airways. Iata hailed the decision as a “reprieve for passengers, airlines and the Dutch economy”.

The Netherlands government announced its intention to limit aircraft movements at Schiphol last year and imposed an interim reduction from the current 500,000 limit on flights to 460,000 from November 2023.

It is seeking to reduce the number of flights at Schiphol to 440,000 from late 2024 chiefly to reduce noise, but also to improve air quality and reduce greenhouse gas emissions. The government introduced the higher limit from this year as an ‘experimental regulation’.

Iata argued there was no legal basis for the reduction, suggesting imposing the cap violated both international treaties and European regulations.

The judge found the government had not followed the correct procedure. This requires it to identify measures to reduce noise, consult interested parties, and only cap the number of aircraft movements if other measures prove insufficient.

However, the Dutch government has followed this process in seeking to cut the number of aircraft movements at Schiphol to 440,000 a year from 2024-25.

Iata director general Willie Walsh welcomed the decision, saying: “This case has been about upholding the law and international obligations. The judge has understood the Dutch government violated its obligations in shortcutting processes that would bring scrutiny to its desire to cut flight numbers at Schiphol.

“This decision gives vital stability for this year to the airlines using Schiphol.”

But Walsh added: “The job is not done. The threat of flight cuts at Schiphol remains real and is still the stated policy of the government.

“Schiphol airport itself announced night flight cuts yesterday without consultation.”

The decision means Schiphol’s flight limit should remain at 500,000 this winter, although the Dutch government could appeal.