Delta Air Lines, KLM and other carriers have won their lawsuit against the Dutch government and its plan to reduce flights at Amsterdam's Schiphol airport from a cap of 500,000 annual movements—take-offs and landings—to 460,000 in November 2023 and then to 440,000 in 2024.
On Wednesday the Noord Holland District Court ruled that the government of the Netherlands, which is the majority owner of Schiphol, had not followed proper procedures when seeking to reduce the number of flights at the airport, thereby nixing plans for the cuts. The airport's goal had been to reduce noise and carbon emissions.
Delta applauded the court's decision.
"Delta believes that it is possible to balance sustainability priorities with passengers' desire to travel and connect with people across the world—something we have demonstrated through a vigorous commitment to fleet renewal and other practices to help decarbonize our operations and reduce noise," Delta EVP for external affairs Peter Carter said in a statement. "The court's decision is the right one, safeguarding a future for Schiphol."
The International Air Transport Association along with several airlines, including United Airlines, JetBlue, Air Canada, British Airways and Lufthansa, also had sought to stop the reduction in flights.
"We welcome the judge's decision," IATA director general Willie Walsh said in a statement. "This case has been about upholding the law and international obligations. The judge has understood that the Dutch government violated its obligations in shortcutting processes that would bring scrutiny to its desire to cut flights numbers at Schiphol. This decision gives vital stability for this year to the airlines using Schiphol airport and maintains the choice and connectivity passengers value."
Separately, JetBlue also is fighting the Dutch government on its inability to secure slots at Schiphol. Further flight reductions at the airport would mean that "airlines which were able to operate slots under grandfather rights will have them taken away," and that new operators seeking slots would be unable to get them, according to IATA.
The process that the government was ruled to have bypassed, according to IATA, specifies that the state must identify various measures that can reduce noise pollution and must consult all interested parties. It also allows a reduction in the number of aircraft movements only if it is clear that the other measures to limit noise pollution are insufficient.
IATA says that the fight is not over. "The threat of flight cuts at Schiphol remains very real and is still the stated policy of the government," Walsh said. "Schiphol airport themselves yesterday announced night flight cuts without consultation."
Adding that "airlines understand the importance of resolving issues such as noise," Walsh touted what IATA calls "The Balanced Approach," a process and methodology for mitigating noise at airports. He called it "the correct EU and global legally enshrined process for managing noise impacts. It has helped airports around the world successfully address this issue."
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