US Airlines To Take The Netherlands To Court If Capacity Cap Is Applied At Amsterdam Schiphol Airport

US airline trade association Airlines for America (A4A) has warned Amsterdam Schiphol Airport (AMS) it will take legal action if the airport goes ahead with planned flight reductions. The airport is looking to cut over 4% of flight movements as it tackles noise pollution, but US airlines have said they will contest the flight cap in court, arguing that the ‘Balanced Approach’ ethos has not been met sufficiently by the airport.

Airlines for America (A4A) threatens Schiphol legal action

In a letter addressed to Dutch Infrastructure Minister Barry Madlener and seen by De Telegraaf, A4A said that Schiphol’s plan to cut flights from 500,000 to 478,000 per year was in breach of EU and international regulations. With the cuts due to impact this year’s winter schedule starting in October, a firm decision on whether or not the flight cap will go ahead must be finalized by May 8th for scheduling reasons.

The government is expected to finalize the decision soon, much to the chagrin of US airlines, which stand to lose out on valuable slots. A4A has pointed to the airport’s failures to adopt the EU-backed Balanced Approach, an ethos that looks to tackle noise pollution while minimizing operational impact.

In December, the Dutch government announced that Amsterdam Schiphol would handle 22,000 fewer flights this year, a move that would reduce noise pollution by 15%. This was a compromise on a previous proposal to cut 50,000 flights that was eventually pulled after heavy industry lobbying.

A4A has stated that it will not only pursue legal action in the Dutch courts but also file a complaint with the US Department of Transportation (DOT), and there could be other escalations down the line. For example, in 2023, when JetBlue was facing the prospect of having its slots at Amsterdam Schiphol taken away, the US government threatened to revoke KLM’s slots in New York.

As for the airport’s largest carrier, KLM

, it has criticized the move as unnecessary and pointed to ongoing investments in quieter aircraft.

What is the Balanced Approach?

As per the International Civil Aviation Organization (ICAO), the Balanced Approach requires operators and airports to explore noise abatement policies with flight restrictions only considered as a last resort. Only if all other steps of the Balanced Approach have been pursued should flight cuts then be on the table, and A4A is arguing that Schiphol has not effectively done this.

The idea behind this is to minimize the economic impact of noise abatement regulations without compromising on environmental impact. Typically, strategies such as using cleaner and quieter aircraft, or optimizing operational procedures, are preferred before any flight cuts are proposed.

The European Commission has previously criticized Schiphol for its lack of progress in meeting the Balanced Approach. This includes failing to conduct enough research into noise abatement procedures – such as navigation or landing techniques – and not fully implementing plans to roll out newer-generation, cleaner aircraft.

As for what the airport has done, this includes raising airline fees by up to 37% to encourage the use of newer aircraft and devising a night curfew on operations between 23:00 and 07:00.

Schiphol operational changes

As per the airport’s latest monthly operational figures, it recorded a 1% year-on-year increase in passengers this February with 4.7 million handled, of which 2.8 million were direct passengers and 1.9 million were transfers. However, overall flight movements were down by 2% compared to last year, and cargo flights were also down even more at 7%.

However, it has faced an unusual problem with solar panels in a nearby energy farm that are causing visibility issues for pilots. On sunny days, the glare from panels in the De Groene Energie Corridor (DGEC) solar park have forced the airport’s Polderbaan runway to close intermittently due to the visibility disturbance.