Poland’s Enter Air B737-800 seized briefly over unpaid noise disturbance fines

The French noise abatement authority, Autorité de Contrôle des Nuisances Sonores Aéroportuaires (ACNUSA), took strong steps against Warsaw-based Enter Air to recover unpaid fines relating to noise disturbance at Paris Charles de Gaulle Airport levied between 2013 and 2014. According to records, the Polish airline owed €1.103 million in unpaid noise disturbance fines pertaining to 83 night-time violations.
It is understood that authorities were forced to take such a stringent measure as the carrier had repeatedly ignored requests for payment of the outstanding monies. The aircraft, a Boeing B737-800 was grounded for approximately five hours until the penalties were settled. This is not the only airline with outstanding fines and it has not been ruled out that similar measures will be taken against other carriers.
The night limitations in existence at Charles de Gaulle airport restrict airline nighttime slot allocations and any airline in breach of the limitations, which cover the hours of 00:00 and 05:00 local time for arrivals and departures, will be subject to a fine of up to €40,000 per violation.
In 2011 DHL group’s European Air Transport EAT.L airline challenged the right for Belgium to penalize it for excessive night time noise of its flights, but a top adviser to the EU’s highest court made it clear member states were allowed to penalize airlines for such violations. It was decided that the Belgian regulations did not constitute operating restrictions that prevent access to an airport, they simply imposed penalties if maximum noise levels were exceeded.
The adviser, Cruz Villalon, also made it clear at the time that the European Court of Human Rights found noise pollution formed part of the environment and that EU states can take protective measures against it, saying “The protection of fundamental rights — in particular the fundamental right to private and family life, and home, and the right to environmental protection — justifies the adoption of such measures.” (€1.00 = US$1.13 at time of publication.)