ph-sbe:
It doesn't work that way in Dutch civil law. The appeals judge will and must decide based on the facts and circumstances at the time of the disputed base closure and redundancies, as brought forward by the conflicting parties. RYR already cited the base as 'underperforming' and other economic difficulties and this argument was thrown out by the judge. The MAX grounding popped up after the start of conflict and can not serve as an argument in any appeal.