Environmental permit for Brussels Airport annulled: “violation of European law”

The Council for Permit Disputes (in Dutch: Raad voor Vergunningsbetwistingen) has annulled the environmental permit granted to Brussels Airport, siding with Brussels Airlines in its claim that the Flemish government’s environmental restrictions unfairly limit airport operations. Although the permit is now void, the airport may continue operating until July 2029, meaning there will be no disruption to air traffic.

The previous permit expired on 8 July 2024, prompting airport operator Brussels Airport Company (BAC) to apply for a renewal. While granted, the new permit introduced stricter environmental conditions, including a cap of 240,000 flight movements by 2032 and significant reductions in weekend night flights.

In total, 21 appeals were lodged against the permit, including one by BAC concerning the financial burden of the conditions, particularly a €10 million annual payment to railway operator Infrabel to boost rail access to the airport.

The Council ruled that the imposed operational limits violated European law, which requires a “balanced approach” before such restrictions are applied. Brussels Airlines argued — and the Council agreed — that limiting flights should be a last resort, and that the Flemish government failed to follow the appropriate procedure.

Industry and environmental stakeholders welcomed the ruling for different reasons. Voka called for a new, legally robust permit that supports economic growth, while Bond Beter Leefmilieu stressed the need for stronger health and environmental guarantees.

Flemish Environment Minister Jo Brouns (CD&V) acknowledged the ruling and reiterated the need to balance economic interests with environmental responsibility. He confirmed that the balanced approach process is now underway.