Brussels Airport permit overturned over breach of EU law
Belgium’s Council for Permit Disputes has annulled the new environmental permit for Brussels Airport. The council ruled that key restrictions, namely an annual cap on flights and stricter rules on night-time operations, violate European law. The decision supports Brussels Airlines, who argued that these limitations would undermine their business operations and that the mandatory EU consultation process, known as the “Balanced Approach”, had not been followed.
Approved in March 2024 by former Flemish Environment minister Zuhal Demir (N-VA), the permit aimed to balance economic interests with environmental concerns. It introduced additional conditions, including a cap of 240,000 flights from 2032 and tighter restrictions on night flights, though not a complete ban.
The Council reviewed 21 appeals submitted by various municipalities, the Walloon and Brussels Regions, and Brussels Airlines. Brussels Airport Company (BAC), the airport operator, also challenged the permit, but only objected to a financial obligation imposed on it.
Diabolo charge
This obligation, widely known as the 'Diabolo charge', required BAC to pay €10 million annually to rail infrastructure manager Infrabel. These funds were intended to reduce the train surcharge for passengers using the airport rail link. However, the Council found this requirement to be unlawful, stating that such a financial burden could only be imposed via an urban planning regulation, which was not the case here.
Although the ruling annuls the current permit, it will not immediately affect airport operations. The Flemish government has until 30 June 2029 to issue a revised permit, and the airport may continue to operate under the annulled authorisation during this period.
The current Flemish Environment minister, Jo Brouns (CD&V), acknowledged the ruling, stating that it highlights the importance of adhering to EU procedures. He confirmed that the aim is still to develop a forward-looking airport that balances economic viability with environmental responsibility, and promised to engage in dialogue with stakeholders.
#FlandersNewsService | © BELGA PHOTO HATIM KAGHAT
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