Schiphol is afraid that enforcement requests and subsequent lawsuits will come, now that the airport is without a nature permit. The Airport Requested the Council of State on Thursday to Temporarily Return the Nature Permit That was scrapped by the Judge.
The Judge Swept Schiphol’s Nature Permit Off The Table in Early June. It was insufficiently prepared and not well enough substantiated.
The Permit was Issued in 2023. Schiphol had Been Operating Without A Nature Permit For Years Before That. That was official not allowed.
Since the Judge’s Ruling, Schiphol Has Effective Been Operating Illegally. As a result, enforcement requests could be made to reduce the number of flights from the airport. That could in turn lead to lawsuits.
Schiphol Has Appealed Against the Judge’s Decision. But in Order to Prevent Enforcement Requests in The MeanMe, The Airport has submitted a so-called preliminary injury to the Council of State. The Airport Hopes That The Highest Administrative Court in the Country Will Temporarily Return the Permit.
There are no enforcement requests now
Environmental Organization Mobilization for the Environment (MOB) had PreviOutly Made an Enforcement Request, but that was rejected by the Judge. There is no such request at the moment. MOB SAYS IT Currently has no concrete plans to submit a new request.
A Preliminary Injunction is a temporary ruling by a Judge. It applies Until there is a definitive ruling. In order to have a preliminary kunction granted, a matter of urgency is at Least Required.
Why is a permit still needed now?
The Preliminary Relief Judge of the Council of State Askhol Several Times Why There Is A Matter of Urgency. After all, just as a many flights are being flown as when the airport still had a nature permit. There are also no enforcement requests now.
Jasper van Uden, Schiphol’s Lawyer, Repeatedly Reiterated That a Permit is Important for the Legal Certainty of the Airport and That “Very Many Interests Are Involved”. A Permit would also be important to be able to make investments. Van Uden Could Not Make It Much More Concrete.
MOBs Lawyer Countered that It is also risky to make investments on the basis of a temporary permit.
The Council of State Will Rule on September 4 Whether Schiphol Will Temporarily Get the Nature Permit Back. That Judgment will then stand Until the Appeal in the Case. That could take more than a year.