2023-12-22 18:53:00
In their action for liability once morest the Belgian State, the plaintiffs challenged the liability of the Belgian State on the basis of Article 1382 of the former Civil Code and requested that it be ordered to compensate for the damage caused to them by due to improper use of this runway at Brussels National Airport.
The problem mainly concerned the wind components applicable to the national airport and the way in which these are applied. These are the standards which determine from which tailwind and sidewind speed a preferential runway (editor’s note: the longer runways 25 and 07) can no longer be used. Their excess has the consequence that non-preferential tracks, generating more environmental nuisance, are put into service.
The court considered that the nuisance suffered by the plaintiffs in connection with the use of runway 01 constituted “an interference in their private sphere” having reached “the minimum threshold of severity required”; that it is “illegal, because it results from an instruction relating to the wind components applicable to Brussels-National airport which, not only, was adopted by an authority which was not competent to adopt it but which, moreover, has not been written in sufficiently clear terms to be understood by all”.
For the court, the State committed “a fault” by not clarifying the applicable wind components; by not ensuring that the use of runway 01 is strictly limited to cases where its use is necessary due to exceeding the tailwind components, the unavailability of preferential runways or any other reason aimed at to preserve aviation safety.
The Belgian State is forced to put an end to the current use of runway 01, as it resulted from the application of the instruction of December 16, 2013, under penalty of penalty. He will be required to pay damages to the civil parties.
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