Your neighbour’s dog, your newborn, and drunk tourists under your window could soon be in legal trouble — if residents near Schiphol Airport prove that sleep deprivation counts as abuse.
As the AD writes, they are filing an assault case against Schiphol Airport, claiming years of noise pollution have robbed them of their precious sleep and, as a result, their health.
Ready for battle (and good sleep)
Schiphol residents claim the airport’s noise pollution has caused a lack of sleep that is detrimental to their physical and mental health. They also claim that this constitutes abuse.
They say that the nature of this abuse is no accident, but systemic and driven by — you guessed it: money. 💰
The residents, united under the Right to Protection against Aircraft Nuisance Foundation (RBV), already won a civil case against the Dutch state earlier this year.
The court ruled that the government had systematically ignored the residents’ interests, but there was no punishment involved and, therefore, no proper enforcement.
The result? The Netherlands’ most tired citizens have decided to take on all the big players in a criminal case this time around: Schiphol Airport, KLM, Transavia, and the Dutch state itself (since that is Schiphol’s largest shareholder).
The first of its kind
There has never been an abuse conviction due to noise pollution in the Netherlands, so this case would set precedence.
How do Schiphol residents intend to win such an important case? By hiring Bénédicte Ficq, a big-time lawyer who previously filed cases against the tobacco industry, Tata Steel and Chemours.
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She’s hopeful about the case: “The aviation decree from 2008 stipulates that the damage caused may not worsen compared to the damage that was already there. And that has indeed happened.”
This, combined with the civil case victory and the fact that sleep is a human right, and it might be the Schiphol CEO’s turn to lose some sleep — in this case due to worry. 👀
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On the one hand, taking on the state and three powerful companies in a criminal case might sound like biting off a bit more than you can chew.
On the other hand, there are few opponents we would like to face in court less than an army of cranky, tired people fighting for fundamental human rights.
How do you think this case will play out? Let us know your thoughts below!
