KLM Royal Dutch Airlines (KL, Amsterdam Schiphol) and the International Air Transport Association (IATA) have welcomed a Dutch Supreme Court ruling that any measure to reduce capacity at Amsterdam Schiphol must comply with the balanced approach to noise management mandated by European Union (EU) legislation.

"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 were unlawful, and overturning the Court of Appeal. 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 residents," IATA Director General Willie Walsh said in a statement.

He called on the new far-right Dutch administration sworn in on July 2 to respect the Supreme Court's decision and apply the balanced approach, enshrined in EU law and international treaties, "with the utmost care regarding Schiphol". He added: "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."

In a separate statement, KLM said it supported the court's "clearly substantiated ruling" and that it 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 a 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 movements."

The Supreme Court ruling follows a 16-month-long legal battle by KLM Group and IATA since March 2023, after the Dutch government in February 2023 decided to cut Schiphol's capacity from 500,000 to 440,000 per year, starting with an experimental cap of 460,000 flights annually from November 1, 2023, to October 2024. The government's decision responded to noise complaints raised by residents in neighbourhoods surrounding Schiphol. Other carriers that joined the legal challenge included Air Canada, United Airlines, FedEx Express, Delta Air Lines, JetBlue Airways, British Airways, Vueling Airlines, Lufthansa, TUI fly (Netherlands), Corendon Dutch Airlines, easyJet, and US lobby group Airlines for America.

On April 5, 2023, the Noord Holland District Court, in a preliminary relief case, ruled the government had not followed the correct procedure in deciding to impose the limit. On July 7, 2023, the Dutch Appeal Court overturned the lower court's preliminary ruling, allowing Schiphol to reduce capacity by 12% to 460,000 flights from March 2024. This has now been overturned again by the Supreme Court ruling.

While the Supreme Court challenge was underway, the outgoing Dutch Minister of Infrastructure Mark Harbers postponed the implementation of the proposed cap for a year under pressure from the United States and Canada and a letter from the European Commission. His replacement in the portfolio, Barry Madlener, has already stated that he is not in favour of shrinking capacity at Schiphol.

EU regulations on the balanced approach require any government to:

  • consult with all affected parties;
  • use flight reductions as a last resort;
  • balance the needs and concerns of residents, the environment, and the local economy for aviation's economic and social benefits.

According to IATA, the Schiphol cap fails to meet these requirements because:

  • there was no meaningful consultation with the aviation industry;
  • flight reductions were being imposed as a first resort rather than as a last resort;
  • it did not address the need to restore the post-Covid-19 economic damage to the aviation industry of the Netherlands.