The Supreme Court in The Hague has rejected the reduction in take-offs and landings at Amsterdam Airport Schiphol (AMS) from 500,000 to 460,000 per year. This had been ordered by the former Dutch government and submitted to the EU in Brussels for review. The background to this is a new, binding traffic regulation that must come into effect in nine months.
The political and legal wrangling over the number of aircraft movements at Schiphol Airport is probably only understood by experts. The city of Amsterdam, for example, is advocating a reduction in annual movements to a maximum of 450,000 (https://cargoforwarder.eu/2024/07/07/amsterdam-old-conflicts-or-new-solutions/), while the airport itself is campaigning for an upper limit of 460,000 movements in order to protect local residents from noise. The EU in Brussels, on the other hand, has received a proposal from the former Dutch government in favor of 470,000 movements, with a request for approval from the responsible Commission.
Total confusion
In summary: everyone opposes everyone, and each party involved in Schiphol traffic matters is fighting its own battle. It is a mess and total chaos that make long-term operational planning impossible. However, binding traffic rules are badly needed by Schiphol, by far the most important passenger and cargo hub in the Benelux countries. The same accounts for its customers: the airlines operating to and from AMS.
With the ruling of the Dutch Supreme Court, at least a certain degree of legal certainty is now guaranteed. However, a final slot and traffic solution still needs to be carved out by the parties involved. This is unlikely to happen without conflict, given the very different players involved. In any case, the reduction from 500,000 to 460,000 aircraft movements per year, is off the table.
Taking action against its own customers
At the same time, the ruling is a resounding defeat for the Amsterdam Schiphol’s airport operator, which was already preparing plans to implement flight reductions, presumably at the expense of slots currently used by cargo carriers, insiders suspect. Schiphol Airport, which has taken legal action against its own customers, the airlines and the international airlines’ umbrella organization, IATA, said it would comment at a later date, writes the daily newspaper de Telegraaf, in its Friday edition (12JUL24).
“We assume that the Dutch government will respect the court ruling and proceed according to the prescribed procedure, which is internationally recognized,” IATA’s CEO, Willie Walsh told the Dutch daily in a first reaction. Already months ago, the IATA helmsman had warned that the slot cuts planned by the former government would violate applicable international traffic rights, such as those of the AF-KLM-Martinair-Delta Air Lines alliance on transatlantic flights. Following the judge’s ruling, the official will feel confirmed in his view.
No flight, but noise cuts
KLM applauded the court’s decision in a first reaction. “We have an alternative plan to reduce traffic noise, which can be achieved without slot cuts,” a spokesperson of the airline told de Telegraaf. According to the paper, KLM’s alternative proposals had been ignored by the previous government.
Supposedly, Air Cargo Netherlands (ACN) is also pleased with the judge’s decision. Its director, Maarten van As, told CargoForwarder Global just a week ago, that the 500,000 aircraft movements should be maintained, while at the same time the main task is to gradually reduce the noise level for Schiphol’s residents. This could be achieved by the airport management through a smart charging policy combined with the banning of particularly noisy aircraft by 2026, or 2027 at the latest, he suggested.
Kales advocates long-term legal framework
Barry Madlener, the new minister responsible for aviation and member of the right-wing party, PVV, announced that he is determined to oppose any slot-shrinking plans affecting Schiphol as intended by his predecessor, Markus Gerardus Jozef Harbers.
Sebastiaan Scholte, CEO of Amsterdam-based Kales Group, told CargoForwarder Global that Schiphol, as the air traffic center of the Netherlands, needs a long-term perspective, independent of periodically changing governments in The Hague. This includes a binding legal framework that provides security for all parties involved. The Dutch economic prosperity and the consumers’ wellbeing depend on a functioning transport infrastructure flanked by a policy that must balance diverging interests, advocated the helmsman of the General Sales & Service Agent (GSSA) that markets cargo capacity on behalf of dozens of airlines worldwide.
Trade unions also get involved
Reinier Castelein from the Dutch trade union De Unie argues along similar lines. “It is time for a more positive approach to aviation, with a sustainable path to a sustainable aviation hub. That is what the Dutch economy needs. KLM needs to know where it stands, and so does Schiphol Airport. If the negative approach to Schiphol continues, judge after judge will show that policymakers in The Hague are out of touch, while Dutch aviation is grounded.” KLM is one of the largest private employers in the Netherlands, and aviation accounts for more than 100,000 direct and indirect jobs.
