A foundation for residents around Amsterdam’s Schiphol Airport sued the Dutch state, alleging that aircraft noise and sleep disturbance breach their human rights. On March 20, 2024, the District Court of The Hague ordered the State to enforce existing noise rules and give residents effective legal protection. Airlines and Schiphol have intervened in the State’s appeal, which the Court of Appeal of The Hague will hear on December 14, 15, and 18, 2026.
Latest development Sep 26, 2026
On September 26, 2026, RBV announced that the Court of Appeal of The Hague had scheduled the appeal hearing for December 14, 15, and 18, 2026. The State, RBV, Royal Schiphol Group, and KLM with the other airlines and IATA are each due to plead before the court puts its questions on the final day.
Why it matters
The appeal will decide whether the European Convention on Human Rights requires the Dutch state to enforce its Schiphol noise rules and give residents an effective remedy. The outcome bears on flight numbers at the hub airport of KLM.
Background
Stichting Recht op Bescherming tegen Vliegtuighinder (RBV), a foundation based in Aalsmeer, represents people affected by aircraft noise around Amsterdam Airport Schiphol. On July 14, 2022, it sued the State of the Netherlands in the District Court of The Hague. It brought a collective action under the Dutch Act on Collective Damages Claims (WAMCA). RBV alleged that the State exposes disproportionate numbers of people to severe noise and sleep disturbance and offers them no effective legal remedy. It asked for orders to cut flights and to create an effective remedy. It also wanted the World Health Organization’s noise guidelines, or the protection level of the 2004 airport traffic decree, applied. The court held RBV admissible on November 15, 2023.
On March 20, 2024, the court held that the State had not enforced its own legal framework for noise around Schiphol for nearly 15 years. The State had put Schiphol’s hub function and growth first. In doing so, it had not struck the fair balance that Article 8 of the European Convention on Human Rights (ECHR) requires. The court gave the State 12 months from service to enforce the existing rules. Within that time, it must create practical and effective legal protection for all seriously affected residents, including those outside the current noise contours. It declined to treat the WHO guidelines as binding, to order fewer flights, or to impose penalty payments.
The State appealed on June 17, 2024. On February 25, 2025, the Court of Appeal of The Hague refused the State’s request to suspend enforcement, finding that no enforcement was threatened. It allowed KLM and other airlines, two airline associations, and Royal Schiphol Group to intervene. The airlines and Schiphol filed objections to the judgment in May 2025. On January 13, 2026, RBV answered and filed its own cross-appeal, asking the court to order fewer flights and to apply the WHO guidelines.
In a separate case, the Council of State on March 11, 2026, annulled a decree that capped Schiphol at 478,000 flights a year. It imposed a cap of 27,000 night flights as an interim measure. In October 2026, RBV and environmental groups said that they would challenge the new airport traffic decree before the Council of State. The Court of Appeal will hear the civil appeal on December 14, 15, and 18, 2026.
Timeline 11 events
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Scheduled hearingCourt of Appeal of The Hague hears the appeals
The State and RBV are due to plead on December 14, Schiphol and the airlines on December 15, and the court’s questions are scheduled for December 18, 2026.
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OrderCourt of Appeal schedules the appeal hearing for December
RBV announced that the court had set aside December 14, 15, and 18, 2026, for the parties’ pleadings and the court’s questions.
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OtherCouncil of State annuls Schiphol flight cap decree in separate case
The court annulled the decree setting a cap of 478,000 flights a year and imposed a cap of 27,000 night flights as an interim measure.
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FilingRBV answers the appeals and files its own cross-appeal
RBV asked the court to order fewer flights and to apply the World Health Organization’s noise guidelines.
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FilingKLM and other airlines file objections to the noise judgment
Royal Schiphol Group filed its objections on May 6, 2025. Together the filings ran to about 160 pages.
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OrderCourt of Appeal lets airlines and Schiphol intervene
The court also refused the State’s request to suspend enforcement of the judgment, finding that no enforcement was threatened.
Court of Appeal of The Hague (ECLI:NL:GHDHA:2025:195)Royal Schiphol Group (March 6, 2025)
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AppealState appeals the Schiphol noise judgment
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JudgmentCourt finds the State breached residents’ rights over Schiphol noise
The court ordered the State to enforce existing noise rules and create effective legal protection within 12 months. It rejected orders to cut flights and penalty payments.
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HearingDistrict Court of The Hague hears the case on the merits
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JudgmentDistrict Court of The Hague holds RBV admissible
The court found that RBV met the requirements for a collective action and did not appoint an exclusive representative.
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FilingRBV sues the Dutch state over Schiphol noise
The foundation’s collective action sought fewer flights, stricter noise standards, and an effective legal remedy for residents.