Aviation sector will institute cassation proceedings

25 July 2023: Numerous airlines will institute cassation proceedings against the judgement of the Amsterdam Court of Appeal regarding the proposed implementation of a temporary experimentation rule.

The group includes: KLM Group (KLM Royal Dutch Airlines, KLM Cityhopper, Martinair and Transavia), Delta Air Lines, United Airlines, JetBlue, easyJet, Corendon, TUI fly, and trade associations IATA, which has 300 airline members worldwide, and Airlines for America (A4A), which represents 10 US airlines. This step is supported by the airline industry associations BARIN, Air Cargo Netherlands (ACN), Airlines for Europe (A4E) and the European Regions Airline Association (ERA).

The current judgement by the Amsterdam Court of Appeal creates a lack of clarity and causes uncertainty for passengers and the aviation sector. This is because it is unclear how the experimental scheme will be applied, how it should be enforced and ultimately how the ruling will affect the number of aircraft movements at Schiphol Airport. Moreover, the judgement conflicts with national, European and international regulations. It is in the interests of all parties to obtain clarity.