Sanction policy regarding slot misuse
The ILT has as general approach regarding slot misuse at Schiphol airport.
The approach is explained in the intervention ladder. The application of the intervention ladder can result in different types of sanctions for violations regarding slot misuse:
- The airline can be sanctioned with an official warning.
- The airline can be summoned for a corrective hearing (administrative discussion).
- The ILT can impose an order subject to a penalty for non compliance.
Penalty for non compliance
The ILT can sanction air carriers regarding the following infringements:
- Violations of the night slot regime on Schiphol Airport
- Operation of flights without a slot
- Repeatedly and intentionally not operating flights for which a slot was allocated
- Repeatedly and intentionally not operating flights on times as allocated
- Repeatedly and intentionally operating flights in a different way as allocated for
Sanctioning can currently be done by imposing a 'last onder dwangsom' ('order subject to a penalty for non compliance', according to Article 5:32 of the Dutch General Administrative Law Act).
This means that violations committed after the order is imposed result in the obligation to pay the penalty as set in the order.
The severity of the sanction can be for example between € 50.000 until € 150.000 per violation, but can be higher if necessary and can be also based on the size of the operation, the aircraft and its capacity or financial gain. The purpose of an order subject to a penalty for non compliance is to stop the ongoing infringement or to prevent any further violations in the future.