Amsterdam says long-promised 20 million tourist overnight stay cap was never enforceable
The Amsterdam city government has told a civil court that its long-stated goal of keeping tourism below 20 million overnight stays was only an administrative ambition and never a legally enforceable limit, a position that directly contradicts years of public commitments and is now central to an ongoing lawsuit over overtourism, Het Parool reports.
In a written defense submitted in a civil case in Amsterdam, the municipality argues that the “Tourism in Balance” ordinance does not create enforceable rights for residents or business owners and cannot be used to compel the city to intervene if overnight stays continue to rise. According to the city, the regulation “does not work externally” and contains “no enforceable (results-based) norm.”
The lawsuit was brought by residents and entrepreneurs organized through Stichting Amsterdam heeft een keuze, with financial backing from entrepreneur Alexander Klöpping. The foundation is asking the court to order the city to reduce the number of tourist overnight stays to below 20 million by 2028 and to ensure that the figure remains under that threshold thereafter.
The case follows a pledge made by the municipality in 2021 to do everything possible to keep tourism under 20 million overnight stays. That level was achieved only during the coronavirus pandemic. After travel restrictions were lifted, visitor numbers rebounded sharply, and the city says the upward trend appears irreversible.
By asserting that the 20 million figure was merely a policy objective, the municipality is seeking to have the case dismissed at an early stage. Under its legal argument, even continued growth in tourism would not allow a judge to force the city to take corrective measures. Beyond the numerical target, the foundation is also asking the court to require the city to clearly demonstrate which measures are intended to reduce overnight stays and what results those measures produce.
Two business organizations have asked the court for permission to formally join the case on the side of the municipality. The Amsterdam branch of Koninklijke Horeca Nederland told the court that a sharp drop in tourist numbers could immediately lead to “a sharp decline in revenue” and would seriously endanger the jobs of thousands of workers in the hospitality sector.
The Bond van Cannabis Detaillisten has also sought to intervene. In its summons, the foundation cited coffeeshops and the residents-only criterion as possible tools to combat overtourism. The trade group argues that such measures could directly harm the sector and trigger a shift toward street dealing.
