Schiphol: Court values residents’ rights over airlines’ interests

A loss of slots is looming for AMS Airport. This could affect 22,000 flights per year. This highly controversial traffic cut was the subject of a court hearing in Haarlem. The judge responsible at the North Holland District Court indicated that the downsizing of flights would bring much needed relief from aircraft noise for local residents. Conversely, airlines could live with some traffic restrictions, he argued. This assessment was vehemently contradicted by airline representatives.

Meanwhile two court hearings are over and in both cases the stakes were high. But the judicial controversy is more than just about slots. It also concerns the self-image of an entire nation. For centuries, merchants, seafarers and traders, alongside hydraulic engineers and flower growers, shaped the collective self-image of the Dutch people. As shown by the paramount role of the port of Rotterdam, which is more than just a harbor: it is a symbol and an identification mark for an entire nation. That also applies to Schiphol Airport, which is much younger than its water counterpart, but connects the nation with the entire world, filling most Dutch people with pride.

Home carrier KLM droht der Verlust von 4600 Slots in AMS pro Jahr – company courtesy.

KLM would suffer most
Now Schiphol’s traffic shall be cut, from an annual 500,000 departures and arrivals down to 478,000. This is to reduce noise emissions in the neighborhood, Barry Madlener, Minister of Infrastructure and Water Management, reasons. A step comparable to the closure of the Waalhaven or Eemhaven in Rotterdam, which would probably cause an uproar throughout the country.
If the government in The Hague gets its way with this scheme, home carrier KLM would be the most affected party, as it would probably lose 4,600 take-off and landing rights. This would cost the carrier around half a million passengers, a large amount of freight tonnage, and would tear a hole in the airline’s budget, its representatives argued in court. According to court reporter, Ashwant Nandram from the Volkskrant newspaper, the lawyers, called in by KLM and some other airlines, accused the government of botched work since the government presented a scheme based on calculations that were compiled superficially and carelessly. Significant factors have not been considered or played too small a role in coming to a fair conclusion. As an example, the lawyers mentioned the upcoming fleet renovation at KLM, in which older and therefore noisy aircraft will be replaced by modern, quiet jetliners. The airline’s legal consultants claimed that this aspect was not adequately taken into account by the government in their slot cutting scheme.

The positions remain entrenched
According to correspondent Nandram, the response to this from the state attorney general who represents state interests, was remarkably sharp. It is understandable that the airlines ‘are not happy’, but the public interest is served by traffic shrinkage, emphasized the judge, referring to those living near Schiphol who constantly suffer from noise pollution. In his concluding remarks, he regretted that up to this point the airlines didn’t show any sign of understanding and willingness to reach a compromise pleasing both sides.
The state’s representatives reminded that the airline’s appeal to the court was premature. Their point: The Dutch government has not yet formally taken a binding decision if its intention to cutting 22,000 slots per year is the very last word. This will be announced on 08MAY25 – at the latest. Immediately afterwards, both airlines and noise opponents can appeal the decision before the Supreme Court of The Netherlands. Hence, both parties are likely to face each other again in court. So, please stay tuned!

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