A group of neighbors living near Amsterdam’s Schiphol Airport are trying an unusual legal tactic in their war against noise from the busy airport’s operations—they’re taking the airport, the Dutch state and two airlines, accusing them of assault.
Their lawyer, Benedite Ficq, told Dutch press that living near the airport has meant “years of sleep deprivation caused by serious noise pollution” and that they consider it assault bercause “Assault occurs if physical and psychological suffering is caused. Serious sleep disturbance is detrimental to health and the latter is equated with assault.”
The Dutch state was names as a defendant because it is a 25% owner of the airport; the airline defendants, KLM and Transavia, were chosen as the largest “night-time noise makers,” she said.
The lawyer says she expects to be able to convince a court that serious night-time noise pollution fits the definition, especially because of the “systematic nature” of the disruptions. In Dutch law, assault carries a sentence of up to three years in prison. As far as is known, no one has ever been convicted in the Netherlands of assault by noise.
Photo by paul jespers on Unsplash
