The Dutch state has not taken sufficient account of the interests of people living in the vicinity of the airport when deciding on air traffic around Schiphol. This was determined by the court in proceedings on the merits about noise nuisance around Schiphol, which were brought by a number of local residents united in the Foundation for the Right to Protection against Aircraft Nuisance (RBV). According to the court, the state is acting unlawfully and must start enforcing it within a year on the basis of the Airport Traffic Decree. The state must also ensure that residents can more easily address their complaints if they experience major noise nuisance. Local residents say they are experiencing health problems from the noise pollution from Schiphol. They sleep badly and experience stress. They want the state to protect them from this, among other things by limiting the number of night flights and preventing peaks in noise pollution. Local residents and their lawyers refer to the European Convention on Human Rights, which includes the right to an undisturbed private life. During the substantive handling of the case, the Dutch state emphasized the economic importance of Schiphol: the airport generates jobs and makes the Netherlands attractive as a location for foreign companies. According to the court, the state may take this as a starting point, but the interests of local residents must also be sufficiently taken into account. That has not happened so far. According to the court, the state has always prioritised Schiphol’s hub function and the growth of the airport. The state argued that attempts have been made for some time to reduce noise pollution around Schiphol, but its attempts to reduce the number of flight movements have so far been unsuccessful. For example, in 2022, the government announced its intention to reduce the maximum number of flights at Schiphol from 500,000 to 440,000 per year, with an intermediate step of 460,000 flights. That plan fell through after criticism from the European Union and the United States. In a new target, the government wanted to limit the number of flights to 452,500 from November this year. This deadline will probably not be met either, because the European Commission needs more time to study the plan. The court did not rule on the maximum number of flights to and from Schiphol per year. (Photo Shutterstock).
