On the 18th September in the Amsterdam Court, Mr. RHC Jongeneel ruled in the case of Captain Felderhof v Royal Dutch Airlines NV
5. Judgment: The judge
5.1. Orders KLM to commission a research institution, or researcher, to investigate the presence and concentration of TCP in the cabin air of its Boeing 737’s within 14 days of the issue of this judgment;
Determines that the start of this investigation must commence not later than one month after the issue of this judgment, and that the investigation may take a maximum of six weeks, of which four weeks are dedicated to factual research and two weeks are for the drawing up of a report;
Determines that the investigation must be assigned to an independent and objective researcher or institution;
Determines that Captain Felderhof will be able to participate in the investigation in the following manner:
Captain Felderhof will be given the opportunity to comment on the questions, the study design, and the choice of researcher or institution;
Captain Felderhof will be given the opportunity to consult with the researcher and, if desired, be present during the selection;
Determines that the parties are at liberty to consult with each other, taking into account the considerations in 4.14 (issue as to what particular level of TCP might cause injury) and alter the above arrangements.
5.2. Orders KLM to pay Captain Felderhof EUR 1.000,- as a penalty payment for every day or part thereof in which KLM is not in compliance with the Order and other provisions in 5.1, up to a maximum amount of EUR 50.000. This penalty payment however, is not applicable if the duration of the investigation does not exceed the ordered time limit in which it is to be concluded.