Airlines appeal to the Supreme Court against Schiphol's flight reductions

Several airlines are heading to the Supreme Court against the significant reduction in the number of flights at Schiphol Airport, KLM reported on Tuesday. This follows a ruling giving the Dutch government permission to proceed with their plans to decrease the number of flights from 500,000 to 460,000 for the 2023-2024 travel season. Along with KLM, Delta Airlines, easyJet, Corendon, and TUI Fly are taking the case to the Supreme Court. The International Air Transport Association (IATA) is also participating.

According to the airlines and IATA, the ruling leads to "uncertainty for passengers and the sector." The ruling is also in conflict with national and international regulations, according to the airlines. "As a result, it is unclear when, how, and how the ruling will be implemented and what it means for the number of flight movements at Schiphol. It is important for all parties involved to gain this clarity."

The move to the Supreme Court is a new step in a legal process that began with a lawsuit against the Dutch State. The aviation sector disagreed with the government's reduction plans for Schiphol. The initial court ruling stated that the government should have followed European rules to implement the reduction. “According to European rules, the State can only reduce the number of air transport movements at an airport after going through a careful process,” the court said. That includes mapping out various options for reducing noise pollution and consulting stakeholders

The Dutch government appealed against this ruling. The Court of Appeal then ruled that since the government's proposals consist of a temporary measure, the European rule did not apply. The ruling stated that the airlines are not entitled to "the illegal situation that the State tolerated," and keeping that situation in place without change.

Airlines previously raised doubts about the feasibility of reducing the number of flights at Schiphol for the upcoming flight season. According to the industry association for airlines in the Netherlands, BARIN, the schedules have already been set, making it challenging to implement flight cuts at short notice.