Locals press assault charges against Schiphol, KLM, Transavia
Locals living around Schiphol Airport are filing assault charges against the airport, KLM, and Transavia due to “the years of sleep deprivation caused by serious noise pollution.” They consider the sleep disturbance an attack on their health, their lawyer, Bénédicte Ficq told AD.
Ficq is filing the case against the Dutch State, as Schiphol’s largest shareholder, and against KLM and Transavia - the largest “night-time noise makers.” She expects no problems in convincing a court that serious night-time noise pollution is assault. “Assault occurs if physical and psychological suffering is caused,” Ficq said. “Serious sleep disturbance is detrimental to health and the latter is equated with assault.”
Assault carries a maximum sentence of three years in prison. As far as is known, there has never been a conviction in the Netherlands for assault by noise pollution.
The “systematic nature” of the sleep disruptions makes the case particularly strong, the lawyer said. Residents living near Schiphol struggle with psychological problems as a result of years of disrupted sleep due to night flights. “Being woken up from your sleep several times a night for years, never knowing when is devastating for your constitution, your health, your relationships, your children, your concentration at work. It is a human right to be able to sleep undisturbed at night at to be able to recuperate. To recharge, to be able to cope with life.”
Ficq added that there is no justification for this abuse caused by flying at night. “There is really only one conceivable goal and that is economic: that airlines can make money,” the lawyer told the newspaper. ‘It is unbelievable that it has been tolerated for so long. And the residents certainly do not want to hear about politics. There is no more talk about shrinking Schiphol. With this Cabinet, it is full steam ahead again.”
Ficq is known for taking on big businesses that cause health damage. She previously pressed charges against the tobacco industry, Tata Steel, and Chemours. The case against the tobacco industry did not lead to prosecution, but the Public Prosecution Service (OM) is investigating criminal charges against Tata Steel and Chemours.
