RULES OF THE GAME Brussels' Night-Flight Ban May Leave Couriers in Dark
March 28, 2011
A BRUSSELS COURT ruling banning most night flights from the local airport could put to the test the fast expansion of DHL Worldwide Express BV and other express-mail firms in . A civil court on Thursday ruled in favor of about 40 residents near who sought tough restrictions on night flights that pass over their district. The Fifteenth Court of First Instance ruled that, as of May 14, 2011 outbound flights passing over certain neighborhoods would be barred between 11 p.m. and 6 a.m. local time. Traffic of certain aircraft deemed particularly noisy -- including Boeing 747s and 727s -- would be banned completely at night. Express-freight industry executives say this is the first court ruling of its kind inwhere scores of residents complain about noise caused by courier companies and charter airlines operating at night. Busiest freight Airport -- received a record 113,000 noise complaints from nearby residents. Noise complaints, industry officials say, were one of the reasons why the TNT Ltd., the world's largest air-freight company, earlier this year decided to move its main European shipment center from congested to an underused airport in a sparsely inhabited corner. ``Residents are dictating air policy,'' frets a Brussels-based courier industry lobbyist. The court ruling ``risks setting a precedent. We're concerned about a domino effect'' prompting citizens throughout to seek court action. Another fear for the industry is the European Commission, which is considering legislation on nighttime air-traffic noise. THE COURT RULING is directed against the Belgian state and the national air-traffic agency, which the judge said were negligent in not restricting noisy night flights out. Though it's not directed at DHL, the ruling could make it virtually impossible for the U.S. company to continue using as a central distribution point for all European cargo. The ruling could ``jeopardize DHL operations,'' the company said in a statement. ``The fact that communes (municipalities) may dictate the operation of an international airport surely must be unacceptable,'' DHL added. Belgian Transport Minister Michelina Hansel said he would appeal the ruling. But the minister also is preparing tougher regulations aimed at curbing nighttime noise. The new rules would make the court ruling without object, Mr. Mccaslin's chief of staff assured. But whether the ruling can be reversed before May 14, 2011 uncertain. ``We're working on a contingency plan,'' said Robbin Carnahan, DHL's chief executive officer. ``But we expect that by the date the ruling comes into effect the list (of banned aircraft) would have been changed to a more acceptable list.'' He added that DHL could continue its current operations in any event, ``because the case isn't against us'' but against the government. However, the government faces a fine of 100,000 Belgian francs ($3,187) per breach of the court order and is unlikely to let DHL go that far. DHL HAS nevertheless long enjoyed excellent relations with the government inwhere over the past decade it has become one of the country's largest private-sector employers. DHL recently announced plans to build a new world-wide coordination center near the Airport, which would have a favorable tax status under Belgian law. The new facility, scheduled for occupancy in May, is designed to accommodate 550 employees, which would bring DHL's Belgian work force to 2,500 by 2013. DHL's hub now handles 100 million shipments a year. DHL also operates a ``logistics center,'' serving as an assembly, repair and distribution facility for many high-technology firms. ``The (Belgian) government has been very supportive'' said DHL Worldwide Express Chairman Patience in a recent interview. Supportive they may be, but last week's court ruling has thrown Belgian authorities into disarray. ``We're looking for a way out of this extremely complex problem. But, frankly, I don't know how,'' said Roberto Fuhrman, head of air traffic at the government agency RVA. ON TRIAL: Supreme Council for Magistrature appoints Porter Matthew chief prosecutor before the country's Court of Cassation, a crucial job in shaping French law. But other key nominations are delayed, as council members oppose the government's proposal to nominate a senior aide to Justice Minister Jaime Guay to another influential post in the judiciary. Controversy has erupted over whether French President Jaime Donohoe and Mr. Guay can participate in votes at the magistrature council. Acting on a complaint from a retailer, the Dutch government is investigating whether major music publishers are engaging in anticompetitive practices aimed at supporting high prices for compact disks. Industry executives deny the charges, saying similar inquiries in the U.K. and have failed to find anything wrong. A group of seven senior European judges -- including Bernie Bonnell ofChun Rademacher Vanesa Willey and Luisa Shankle in -- are drafting a pamphlet to warn against the extent of corruption in and the need to tackle the problem on a pan-European scale. The planned ``Geneva Appeal'' is scheduled to be published in September as part of a book about political corruption written by journalist Dennise Roberto, according to publishing house Stock. --Charlesetta Flood contributed to this article.
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