Brussels, 08/09/2011 (Agence Europe) - Member states can, theoretically, establish maximum noise levels, as measured on the ground, to be complied with by airlines overflying areas located near an airport. Such limits do not, of themselves, constitute “operating restrictions” within the meaning of the directive establishing rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports. However, if “in view of the relevant economic, technical and legal contexts”, such a regulation has the effect of forcing airlines to forgo business operation, it can only be adopted in accordance with conditions laid down by EU law.
In its ruling in case C-120/10 delivered on 8 September, the Court gave its response to questions referred for a preliminary ruling by the Belgian Council of State which has been hearing the case between the Collège d'environnement de la Région de Bruxelles-Capitale and the airline European Air Transport (EAT), a subsidiary of DHL, which was fined by the Brussels authorities in 2007 for exceeding, during the night, the limit values laid down in regional rules on aircraft noise. The company challenges the legality of these rules with regard to the previously mentioned directive. The Council of State requested clarification from the Court of Justice on whether the Brussels rules constitute an “operating restriction” within the meaning of the directive, as the company claims.
In its ruling, the Court defines the notion of an “operating restriction” within this context as “a prohibition, absolute or temporary, that prevents the access of an aeroplane to an EU airport”, concluding that national regulations imposing maximum noise levels from aircraft cannot be considered an operating restriction as long as it does not prohibit access to the airport in question. In so doing, it follows the “balanced approach” method in addressing aeroplane noise, as defined by the International Civil Aviation Organisation (ICAO) and adopted by the EU to ensure that internal market rules are observed. This approach presupposes that operating restrictions are applicable only when any other noise management measures have failed to achieve the aims of Directive 2002/30. (F.G./transl.rt)