Uncertainty over Schiphol nature permit likely to continue for much longer

The Council of State is currently deliberating whether to refer legal questions regarding Schiphol Airport's nature permit to the European Court of Justice. This follows a previous ruling where a judge invalidated the airport's permit, citing insufficient preparation and a lack of evidence regarding nitrogen emissions. The uncertainty centers on the interpretation of European environmental regulations, particularly regarding the use of nitrogen space acquired by buying out farmers, which environmental group Mobilisation for the Environment claims should instead be prioritized for nature restoration.

Should the Council of State decide to consult the European Court, a final resolution could be delayed by up to two years. Alternatively, if they opt to proceed without European intervention, the appeal process is expected to resume in early 2027. Currently, Schiphol operates under a temporary tolerance permit granted by the Dutch government, allowing the airport to continue activities while working toward a new, compliant nature permit to replace the one struck down by the court last year.