The Flemish Government is starting new proceedings before the Court of Appeal to demand penalty payments of €100,000 per day from the Federal Government as long as it does not adjust the flight routes, announced Flemish Minister Ben Weyts (N-VA).
The Flemish Government went to court back in October against new navigation procedures introduced at the time, claiming that flight paths would be too concentrated over the Flemish municipalities around the Brussels-Capital Region as a result.
"If the Federal Government is not amenable to reasonableness and arguments, then heavy penalty payments should force the breakthrough," Weyts said.
The Brussels court of first instance vindicated Flanders in February, and ruled that the Federal Government had to establish new flight routes for Brussels Airport Zaventem airport within six months.
Minute deviations
In February, Federal Mobility Minister Georges Gilkinet (Ecolo) told De Tijd that there were "minute deviations in the routes due to the more precise and modern measurement method."
Those shifts, he said, were noticed and adjusted just a few days after the new technique was first used. "The complaint was filed at the time when the new navigation procedure was only in force but I did not wait for the ruling to make adjustments," said Gilkinet at the time.
So far, however, Gilkinet is making no move to actually adjust the flight paths, Weyts said. "On the contrary, he has started to challenge that conviction on appeal, so nothing is actually happening. If reason and arguments do not help, heavy fines will have to do it."
Voor wie de discussie over de vliegroutes afdoet als een technisch niemendalletje: de situatie vóór (blauw) en na (rood) de heimelijke beslissing van min. Gilkinet. Alles wegleiden van BRSL, alles concentreren boven Vlaamse rand. En dan zouden wij lijdzaam moeten toekijken? 🙅♂️ pic.twitter.com/USrKdx1o5G
— Ben Weyts (@BenWeyts) May 27, 2024
Translation: "For those who dismiss the discussion on flight paths as a little technical thing: the situation before (blue) and after (red) the collusive decision of Minister Gilkinet. Diverting everything away from Brussels, concentrating everything over Flanders. And we should stand by idly?"
In new proceedings before the appeal court, the Flemish Government is now claiming penalty payments of €100,000 per day as long as the Federal Government does not adjust the flight routes.
According to Weyts, it is certainly possible that the court will accede to that demand. He pointed out that the Federal Government already has to pay €50,000 a week in penalty payments to several municipalities around Brussels as a result of another verdict.
"In October, we had a ruling quite quickly, so I expect that this time too will be no different," Weyts said. He wants to use the proceeds of the penalty payments to make noise protection investments in the affected municipalities.
"We demand €100,000 a day in the name of the affected inhabitants of Vilvoorde, Machelen, Wemmel, Grimbergen, Meise and the other Flemish municipalities that are disproportionately affected," he said. "All regions and residents of this country enjoy the pleasures of the airport, so the burden should also be shared fairly."
Pre-electoral strategy
Gilkinet's cabinet said this step by Weyts "clearly fits into the pre-electoral election strategy, while Minister Gilkinet has always wanted to continue working with Flanders on this dossier in full transparency and constructively."
"We are on the side of all concerned residents who are plagued by the nuisance every day, and have worked out and put measures on the table, including quiet nights, which N-VA opposes," his spokesperson said. "Other measures include the introduction of variable charges, stricter environmental and noise standards in the management contract with Skeyes."
They also stressed that a draft flight law is on the government table, which will determine the method for determining flight paths, taking into account all interests and in particular those of residents. "The Federal Government will respond appropriately to this Flemish démarche, with the firm determination to resolve this file structurally."
