Airlines including KLM Group, Delta Air Lines, Corendon, easyJet and TUI are taking legal action against the Dutch government 's "incomprehensible" attempt to reduce traffic at Amsterdam's Schiphol Airport.
In a statement published by the European Regions Airline Association (ERA), the carriers lambasted the government's "unilateral decision" to "significantly cut flight movements” from 500,000 to 460,000 a year, saying the move would harm the Dutch economy and came despite airlines making major investments in cutting emissions in line with regulatory demands.
"In addition to negatively impacting the Dutch economy, the capacity reduction would significantly reduce travel options and connectivity for consumers," the carriers said, accusing the government of "violating national, European and international legislation" and ignoring their achieving of “significant results in relation to reducing CO2 emissions and lowering noise levels".
The KLM Group, which makes up 60% of traffic at Schiphol, initiated the lawsuit "in line with parent company Air France-KLM Group’s position on the matter", the ERA said in its statement.
“We are embracing the targets set for reducing noise levels and CO2 emissions, investing billions in fleet renewal and SAF procurement that will ultimately supersede these targets while maintaining our network that serves 170 destinations worldwide. This is good news for the millions of people who fly from the Netherlands with KLM every year whether for business or leisure and for the cargo industry. As the government appears not to hear our call, unfortunately we find ourselves compelled to take legal action," said KLM president and chief executive Marjan Rintel.
"We strongly object to capacity reductions at Schiphol Airport and remain actively focused on investing in our fleet renewal and modernisation program as the most effective way forward to mitigate noise and environmental concerns," said Peter Carter, Delta Air Lines’ executive vice president external affairs.
“By choosing to pursue an arbitrary flight cap the Dutch government totally disregards both the efforts made by the industry to decarbonise as well as the socio-economic benefits of aviation, significantly reducing connectivity," said easyJet country manager William Vet.
Other industry associations, including Airlines for Europe and the International Air Transport Association (IATA), have backed the legal challenge, with the IATA set to launch its own legal challenge.
In a separate statement, the Geneva-based IATA, which is headed by former Aer Lingus and British Airways chief Willie Walsh, claimed the government's "political decision" breaks £U Regulation 598/2014 on noise-related operating restrictions at EU airports and "disregards the Chicago Convention, a binding international agreement to which the Netherlands is a signatory".
The legal challenges came less than a month after Schiphol conceded that it had a poor 2022, reporting a €28 million loss, and after the Dutch government sparked months of protests by farmers in 2022 after announcing it would enforce production cuts, citing the need to curb emissions, in one of the world's leading agricultural nations and at a time of rising food prices worldwide.
The challenges were announced as Dutch Air Navigation Service Provider, Air Traffic Control the Netherlands (LVNL) had "successfully deployed Intelligent Approach – the world’s only time-based arrival spacing tool" at Schiphol.
NATS, which co-developed Intelligent Approach, said in a March 3 statement that the technology would "cut delays, emissions, and noise"at the airport.