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RBV vs. the State (Netherlands): Court Case Summary — Citizens Group Against Dutch State to Restore Protection Against Aviation Noise Nuisance at Schiphol Airport

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A Dutch citizens' group won a landmark court ruling in March 2024, with The Hague's district court finding that the Netherlands violated residents' human rights under Article 8 of the European Convention on Human Rights by exposing a disproportionate number of people to serious noise and sleep disturbance from Schiphol Airport. The court ordered the Dutch government to enforce existing aviation noise regulations and reduce aircraft movements within 12 months, while also requiring the creation of more effective, individualized legal protections for affected residents — including those living outside established noise contours. The case may serve as a precedent for other major airports worldwide, as the ruling criticized decades of government prioritization of aviation industry economic interests over residents' health and well-being.

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Andrea Keessen of Milieudefensie (Friends of the Earth Netherlands) summarizes the District Court of The Hague ruling ECLI:NL:RBDHA:2024:3734 (20 March 2024) in RBV (Stichting Recht op Bescherming tegen Vliegtuighinder) vs. the State of the Netherlands. The court found the Dutch State violated Article 8 ECHR (right to privacy/home) and Article 13 ECHR (right to effective legal protection) by exposing a disproportionate number of residents to serious annoyance and sleep disturbance from Schiphol Airport air traffic. The airport operated for nearly 15 years under the unlawful LVB 2008 regime without legal enforcement; the court ordered the State within 12 months to enforce applicable laws and create individualized legal protection for noise-affected residents including those outside established noise contours. Covers the balanced approach procedure under EU Noise Regulation 598/2014, IATA and 15 airlines’ parallel proceedings, the Dutch Supreme Court Advocate General’s April 2024 advisory opinion, the equivalence requirement under the 2003 Aviation Act, WHO noise guidelines, and Hatton v. United Kingdom (ECHR 2003). Target aircraft movements reduction: from ~500,000 to 400,000 before 20 March 2025.

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