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European Air Transport SA v Collège d'environnement de la Région de Bruxelles-Capitale and Another

Country/Territory
Belgium
Type of court
International court
Date
Sep 8, 2011
Source
UNEP, InforMEA
Court name
European Court of Justice
Seat of court
Luxembourg
Judge
Berger (Rapporteur)., M.
Tizzano, A.
Kasel, J.-J.
Levits, E.
Safjan, M.
Reference number
C-120/10
Language
English
Subject
Air & atmosphere
Keyword
Noise pollution Noise standards Vehicle noise Noise emission Aircraft noise
Abstract
Article 2(e) of Directive 2002/30 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ L85/40) defines Operating restrictions as noise related action that limits or reduces access of civil subsonic jet aeroplanes to an airport. It includes operating restrictions aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as operating restrictions of a partial nature, affecting the operation of civil subsonic aeroplanes according to time. In tne present case the Court (First Chamber) interpreted article 2(e) to mean that an operating restriction is a prohibition, absolute or temporary, that prevents the access of a civil subsonic jet aeroplane to a EU airport. Consequently, national environmental legislation imposing limits on maximum noise levels, as measured on the ground, to be complied with by aircraft overflying areas located near the airport, does not itself constitute an operating restriction within the meaning of that provision, unless, in view of the relevant economic, technical and legal contexts, it can have the same effect as prohibitions of access to the airport in question.