In an effort to challenge the Dutch government's decision to limit flights at Amsterdam Airport Schiphol, Delta Air Lines and four other airlines have filed a lawsuit (AMS).
As opposed to the previous limitation of 500,000, authorities in the Netherlands instructed AMS last month to limit its number of annual flight movements to 460,000 until September 2024.
The cap was initially promoted as a short-term solution to relieve pressure on Schiphol's sluggish operations during a spike in demand for travel as the sector recovers from the COVID-19 pandemic.
Authorities then incorporated it into an initiative to lessen noise pollution around the airport and lower its carbon impact more broadly.
The decision has been dubbed "incomprehensible," and Delta, EasyJet, TUI, KLM, and Turkey's Corendon Airlines have all promised to challenge it un court, claiming it will harm their operations, the general economy, and travelers.
"The airlines have already made multi-billion euro investments to meet near- and long-term goals in line with their own decarbonization trajectories as well as government policies, while the government's justification hinges on operational restrictions with no consideration of alternative workable solutions to effect noise reduction," the airlines said in a joint statement.
They claimed the ruling is "unnecessary, detrimental, and lacking appropriate justification" and violates local, national, and international law.
The initiative, sponsored by KLM Group, which accounts for 60% of the airport’s traffic, is endorsed by industry organizations Airlines for Europe and the European Regions Airline Association.
Further joining the discussion is the International Air Transport Association.
It claims that the decision is in conflict with the Chicago Convention's international aviation regulations, which were formed in 1944 and set standards for airspace, aircraft registration, safety, security, and sustainability.
IATA Director General Willie Walsh said in a statement that there was "no alternative but to challenge [the government] in court" due to the risky precedent that this unlawful method sets.
William Vet, who oversees EasyJet's Dutch operations, said the Dutch government entirely disregarded both the industry's efforts to decarbonize and the socio-economic benefits of aviation by pursuing an arbitrary flying cap, sharply cutting connectivity.
Marjan Rintel, CEO of KLM, shared her perspective. "We are embracing the targets set for lowering noise levels and carbon dioxide emissions, investing billions in fleet renewal and SAF procurement that will ultimately surpass these targets while sustaining our network that serves 170 locations worldwide," she added.
This is wonderful news for the millions of passengers who fly with KLM out of the Netherlands each year, whether they are traveling for work or pleasure, as well as for the cargo industry "He went on.
"Unfortunately, we are forced to file a lawsuit because it seems that the government is not paying attention to our request.
The suit was "regretted," according to Schiphol, but the airport stood by the cap as "a necessary interim step."
The Ministry of Infrastructure told Reuters, "We are aware that, among others, KLM has begun summary procedures against the Netherlands government.
JetBlue, which vigorously fought for its slots at Schiphol, is currently involved in a separate legal dispute with the Dutch government.
The New York-based airline has previously requested permission from the airport administration to use the vacant slots last used by Aeroflot and Flybe.
JetBlue has requested assistance from the U.S. Department of Transportation after that request was denied.
JetBlue requests that KLM give up two spaces for its use from the DOT.
In a filing from last month, it alleged that by failing to guarantee JetBlue "is provided all operating authorizations, including slots, required to conduct international air transportation at Amsterdam Airport Schiphol," the Netherlands government is in breach of the U.S.-European Union open skies air transport agreement.
What possible effects might this have on passengers?
Time will tell what impact the ruling will have on passengers if the airlines' appeal is unsuccessful.
At the absolute least, local airlines assert that the capacity reduction would drastically reduce the number of available travel options and connections for customers looking to fly into or out of Amsterdam.
The last thing anyone wants is a replay of last summer, when travel resumed after pandemic-related restrictions were relaxed, and Schiphol experienced one of the biggest meltdowns of any airport in Europe.
The hub's operations were hampered by a swarm of holiday-hungry tourists who couldn't be accommodated for the sudden increase in demand.
Fears about the upcoming summer are now intensifying.
As airlines get closer to a recovery to pre-2019 levels of travel for the first time since the pandemic started, the season is predicted to be considerably busier than last year.
The airport has already announced that it will impose a 66,000-passenger-per-day cap for the May 2023 European vacation season due to ongoing personnel shortages.
Inside the airport, problems have only grown more serious.
De Telegraaf reported last month that airport managers were forced to maintain the passenger limitations due to a lack of luggage handlers and ground workers.
Following a set limit for departing passengers also makes it easier to deal with operational changes like a delayed flight arrival or departure, an airport insider told The Telegraaf.
"Almost all parties at the airport are understaffed, and any unforeseen adjustments might cause delays to the entire airport process at Schiphol," according to the statement.
KLM has also issued a warning about additional problems for travelers this summer after its customers experienced widespread cancellations and lost bags last year.
KLM informed the newspaper, "The lack of manpower at some handlers may lead to a delayed aircraft, which might potentially delay one of our flights and impair our operations.
It is important to note that this most recent cap was mostly offered in reaction to environmental concerns rather than a lack of staff.
KLM is making every effort to get visitors to arrive through ground transportation as opposed to one of its brief feeder flights.
The is collaborating with French operator Thalys and Dutch rail company NS to develop practical train alternatives for people making quick trips to the airport.
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