JetBlue Challenges Dutch Government and EU Over Schiphol Capacity Cap, Citing Risk of Expulsion

JetBlue Airways (B6) has lodged a formal complaint against the Dutch government and the European Union (EU) over proposed capacity caps at Amsterdam Schiphol Airport. The complaint calls for urgent intervention from the US Department of Transportation (DOT) to counteract the threat of JetBlue’s potential expulsion from Schiphol by the end of the upcoming winter season.

The Dutch government’s plan aims to reduce Schiphol’s annual flight capacity from 500,000 to 440,000, primarily for noise and carbon emissions control. JetBlue’s complaint contends that such reductions violate the US-EU open skies agreement, posing a significant risk of expulsion for the airline.

In its filing with the DOT, JetBlue emphasized the immediate need for targeted and impactful measures. The complaint aligns with a similar filing by Airlines for America (A4A) on September 22, opposing the capacity cap at Schiphol.

Legal challenges against the capacity cap have faced resistance, with the Amsterdam Court of Appeal overturning a previous ruling that deemed the scheme contrary to EU requirements. Despite these setbacks, the Dutch government granted Schiphol a nature permit to implement the reduced capacity while awaiting a response from the European Commission.

JetBlue’s complaint raises concerns about the potential confiscation of carriers’ slots at Schiphol, especially for new entrants. The airline recently commenced services from New York JFK and Boston to Amsterdam, making it vulnerable to slot allocation challenges.

To address the situation, JetBlue suggests that the DOT impose schedule filing requirements on Dutch-flagged carriers operating flights to the US. Reciprocal reductions based on this approach could serve as a deterrent and underscore the DOT’s commitment to defending the bilateral rights of US carriers.

KLM Royal Dutch Airlines, a vocal opponent of the capacity cap, expressed disappointment with the decision and continues its efforts to contest the reduction through legal proceedings and alternative plans focused on noise reduction.

Schiphol Airport emphasized its commitment to fostering a quieter, cleaner, and more sustainable aviation environment through initiatives such as the recently launched eight-point plan, which includes transitioning to new noise and CO2 agreements, a nighttime curfew, and specific slots reserved for cargo flights.