The Dutch High Council has ruled that the country must follow European Union procedure for cutting noise pollution, blocking a move to cap the number of flights at Amsterdam Schiphol Airport.

The Dutch government first announced its desire to cut flight movements at the European hub in 2022, sparking a long-running legal saga. With the latest ruling from the Netherlands’ Supreme Court bringing to an end the back and forth between the government, airport and airlines, consultations are now underway between all parties to reduce noise and achieve environmental targets.

“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 Airport were unlawful, and overturning the Court of Appeal,” Willie Walsh, IATA’s Director General, stated in response to the ruling.

“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.

“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 Airport. 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.”

KLM, the flag carrier of the Netherlands, which calls Schiphol home, also backed the ruling in a statement. KLM was among a number of carriers that filed a legal challenge last year to the Dutch government’s efforts to limit traffic at the Amsterdam airport.

The Dutch government has been seeking to cut flights at Schiphol to 460,000 from 500,000 in a bit to cut noise pollution and address other environmental concerns.

“The Supreme Court ruled that any measure leading to a reduction in the number of aircraft movements at Schiphol must go through a balanced approach procedure in accordance with European legislation,” KLM said in a statement.

“KLM supports the Supreme Court’s clearly substantiated ruling.

“KLM wants to continue to connect the Netherlands with the rest of the world in balance with the environment. To this end, we have drawn up the cleaner, quieter and more fuel-efficient plan, which shows that the common goal of reducing noise pollution can be achieved without reducing the number of aircraft movement.”

The Dutch government responded to the ruling by highlighting that a “balanced approach procedure,” as required by the ruling, was “already underway.”

“Today, the Supreme Court ruled that the State cannot introduce the cessation of anticipatory enforcement in combination with the experimental scheme without going through a Balanced Approach procedure. A Balanced Approach procedure is already underway,” a spokesperson for the government said.

“In the coming weeks, we will study the ruling in more detail and make a decision on the follow-up procedure.”

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