The Netherlands' Council of State (Raad van State), the country's highest administrative court, has scrapped a government decision to limit the number of flights at Amsterdam Schiphol to cut noise pollution, ruling that the measure had not been properly justified.

In its March 11 decision, the council said that the government had failed to adequately explain how the flight cap would effectively reduce noise for residents living near one of Europe’s busiest aviation hubs.

The ruling overturns amendments made to the Schiphol Airport Traffic Decree (Luchthavenverkeerbesluit - LVB) that were introduced by the government on May 6, 2025, and took effect on November 1. The changes capped annual aircraft movements at 478,000 and reduced the number of permitted nighttime flights from 32,000 to 27,000. Previously, the decree did not specify a maximum number of flights, except for 32,000 at night.

In a statement, the council said the minister of infrastructure had not carefully drafted the decree and did not sufficiently demonstrate that limiting the total number of flights would serve as a reliable measure of noise exposure.

The council noted that aircraft produce different levels of noise, meaning that the number of flights alone does not determine the overall noise burden around the airport.

Because of the ruling, the earlier 2008 version of the Airport Traffic Decree, which does not set a total cap on flights, remains in force. However, the council issued an interim provision maintaining the reduction in nighttime flights, limiting commercial aircraft movements at Schiphol to 27,000 annually between 2200L (2100Z) and 0700L (0600Z).

The Council of State is an independent advisory body to the Dutch government and parliament on legislation and administration. It consists of King Willem-Alexander as president, vice-president and politician Thom de Graaf, and not more than ten members (staatsraden) and state councillors.

Multiple challenges

Airlines, municipalities including Amsterdam, and residents’ groups had all challenged the decree and had appealed to the Raad van State's Administrative Jurisdiction Division, for different reasons. Opposing the cap were KLM Royal Dutch Airlines, KLM Cityhopper, Martinair (Netherlands), Transavia, easyJet, easyJet Europe, easyJet Switzerland, Delta Air Lines, TUI fly (Netherlands), the International Air Transport Association (IATA), the Air Transport Association of America, the Board of Airline Representatives in the Netherlands, and Air Cargo Netherlands. Local authorities and environmental groups sought stricter limits to reduce aircraft noise.

The Dutch government is preparing a broader revision of the Airport Traffic Decree that could introduce other new rules governing flights and noise limits at Schiphol.

ch-aviation reached out to all airline stakeholders for comment. Schiphol, KLM, TUI, and easyJet acknowledged the annulment of the accelerated decree, stressing the need for a legally sound and careful process to regulate flights and noise and quickly provide clarity for residents, travellers, and the sector.

"We will study the ruling carefully and will consult with the Ministry of Infrastructure and Water Management to understand what it means for the airport and the number of flights," a spokesman for Schiphol told ch-aviation. "This makes it all the more important that the process for a new Airport Traffic Decree continues as planned. Such a decree provides a legal basis for Schiphol’s operations, strengthens the position of local residents, and enables further reductions in noise and disturbance. The points raised by the Council of State can be incorporated by the Minister in that process."

A spokesperson for KLM said: "This ruling confirms that a legally sound and careful approach is necessary for all parties involved."

A TUI Group spokesman elaborated: "The ruling emphasises that decisions with major consequences for travellers, local residents, and the sector can only be upheld if they are made carefully and are legally sound. TUI is pleased that the court agrees with the sector on this point. For TUI, it is very important that clarity is provided quickly through a careful process, so that travellers and businesses know where they stand."

A spokeswoman for easyJet said: "The ruling demonstrates how important it is to have a well-founded and legally robust decision. It is in the interest of both local residents and the aviation sector that clarity is provided quickly, based on a carefully considered decision."

On September 4, 2025, the Dutch Supreme Court had made an interim ruling denying a request by Schiphol to suspend a June annulment of the airport's environmental permit by the District Court of The Hague, which had allowed a maximum of 500,000 aircraft movements per year.

The battle around flight caps at Schiphol has been ongoing for about three years since the initial lawsuit in 2023 by airlines and IATA against the Dutch government's unilateral decision to cap flights.

Boeing (BOE, Washington National) has said that deliveries of its B737 MAX family aircraft during the first quarter of 2026 could be delayed due to wiring flaws.

“Our B737 program is performing rework on a group of airplanes to fix wires that have small scratches due to a machining error,” the manufacturer said, as quoted by Reuters, adding that production on the narrowbodies nevertheless continues at the current rate of 42 jets per month.

Boeing intends to increase the rate to 47 per month later this year, as it opens a fourth assembly line at its Everett plant this summer. It expects to ramp up to a maximum of 63 aircraft a month over the next few years.

The company did not clarify if the scratches on the wires had been caused by a supplier or by Boeing itself. It has informed the US Federal Aviation Administration (FAA) and customers about the issue.

All in-service B737 MAX airplanes can continue to operate safely, Boeing said, and it does not expect the issue to impact its goal to deliver over 500 jets of the family in 2026.