Court Annuls Brussels Airport's Environmental Permit for Violating European Law
A Belgian court annuls Brussels Airport's environmental permit, but allows operations to continue until 2029, preventing immediate disruption to air traffic.
The Flemish Council for Permit Disputes has annulled the environmental permit granted by the Flemish government to Brussels Airport (BRU). The ruling, issued on July 17, 2025, was in response to several appeals, notably from Brussels Airlines, and concluded that the restrictions imposed on the airport violate European law by failing to follow the "Balanced Approach" procedure.
Despite the permit's annulment, the court has ruled that the airport may continue its operations under the terms of its previous permit until July 8, 2029. This decision ensures the continuity of air traffic and averts an immediate disruption at Belgium's main aviation hub.
The now-voided permit, which was intended to regulate operations after the previous license expired on July 8, 2024, had introduced stricter environmental conditions. These included a cap of 240,000 annual flight movements by 2032 and a significant reduction in weekend night flights. A total of 21 appeals were filed against this decision.
The core of the legal ruling is the improper application of the "Balanced Approach," a key principle from EU Regulation 598/2014. Brussels Airlines, the airport's home carrier, argued that limiting flight numbers is a last-resort measure. The Council for Permit Disputes agreed, stating that the Flemish government failed to prove it had exhausted other noise management alternatives before imposing such a drastic restriction.
What is the Balanced Approach?
It is an ICAO framework adopted by the EU for managing aircraft noise. It requires authorities to assess four elements in order:
Reduction of noise at the source (quieter aircraft).
Land-use planning and management.
Noise abatement operational procedures.
Operating restrictions (as a last resort).
Dorothea von Boxberg, CEO of Brussels Airlines, welcomed the decision and explained that the annulled permit "did not properly consider other ways to reduce noise." Von Boxberg highlighted the airline's commitment to the first pillar of the Balanced Approach, citing the introduction of quieter aircraft like the A320neo, and affirmed they are "committed to working closely with the government to help shape a new permit that works for everyone."
Meanwhile, the airport operator, Brussels Airport Company (BAC), also appealed the permit, but on financial grounds. BAC contested the economic viability of certain conditions, such as the requirement to make an annual payment of €10 million to the railway operator Infrabel to enhance rail access to the airport.
Reactions to the ruling were swift. Voka, the Flemish network of enterprises, called for the creation of a new, legally robust permit that supports economic growth. In contrast, the environmental organization Bond Beter Leefmilieu stressed that any new permit must provide stronger guarantees for health and the environment.
Flemish Environment Minister Jo Brouns acknowledged the ruling and stated that the process to correctly apply the "Balanced Approach is now underway," reiterating the need to strike a balance between economic interests and environmental responsibility.
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