The Flemish body responsible for permit disputes has annulled the environmental permit for Zaventem’s national airport, it was announced on Thursday.
The primary reason cited was that the annual ceiling on airport movements and restrictions on night flights "limit the airport’s operations," which the council found to violate European law, aligning with the view of Brussels Airlines.
The Flemish Government has until July 2029 to issue a new permit.
The previous permit for the national airport was granted by Flanders in late March 2024, imposing a maximum of 240,000 flight movements per year as of 2032 and a 30% reduction in night-time noise by 2030.
These measures were seen as inadequate by many Brussels and Flemish municipalities and the Walloon and Brussels regions, while the airport operator found them too restrictive and won the case.
The permit’s annulment does not affect current air traffic. The Flemish Government has a deadline of 30 June 2029 to rule on a new licence application, meaning the airport can continue operations under the annulled permit.
Brussels Airport Company (BAC) also filed an appeal, but only against the financial burden imposed for the Diabolo railway and not the licence itself.
Brussels Airlines argued that stricter environmental conditions harmed its operations, stating EU regulations only allow operational restrictions as a last resort after the “balanced approach” procedure is completed.
The Council agreed with Brussels Airlines, stating the annual flight cap and night flight limits were imposed without completing the balanced approach. The excuse of insufficient time did not justify the illegality, making the permit inconsistent with European law.
The Council also sided with Brussels Airport on its opposition to the Diabolo railway fee, which required BAC to pay €10 million annually to the railway manager Infrabel to reduce rail fees for airport-bound passengers.
Brussels Airport contested this requirement and won its case before the Permit Disputes Council.
Finally, the Brussels Region’s appeal, initiated by the lone Environmental Minister Alain Maron against opposition from Open VLD Minister Sven Gatz, was deemed inadmissible.
Flemish Environment Minister Jo Brouns (CD&V) commented that the decision demonstrated the need to balance quality of life with economic activity, expressing a desire to facilitate the development of a future-oriented airport, aligned with its surroundings and compliant with EU rules.
Brouns also emphasised that there would be no immediate changes for travellers.
