Dublin Airport passenger cap challenge referred to European court
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A challenge by airlines against the passenger cap at Dublin Airport has been referred to the Court of Justice of the European Union, the High Court has ruled.
Early last month, the High Court agreed to pause the effects of the Dublin Airport passenger cap for the summer schedule next year. Under Dublin Airport’s planning permission, it is limited to managing 32m passengers a year.
In order to comply with the limit, the Irish Aviation Authority (IAA) put in place a restriction on passenger numbers, limiting them to 25.2m between late March and October 2025.
A consortium of airlines, including Ryanair and Aer Lingus, challenged this in the High Court claiming they would suffer significant harm as the seat cap.
In his referral, Mr Justice Barry O’Donnell said the European court will decide whether the IAA is entitled to have regard to certain planning conditions that are attached to Dublin Airport when allocating flight slots.
It will also have to address a matter relating to historic slots for airlines and whether the IAA can or cannot make a determination that such slots can be reduced.
The decision was welcomed by Dublin Airport operator Daa as well as budget airline Ryanair.
The airline’s chief executive Michael O’Leary said this decision now suspends the cap for next summer allowing them to grow their traffic through the airport.
The passenger cap will remain in place for this winter. As a result, Daa have said there will be 90,000 fewer passengers arriving into Ireland over the Christmas period compared to last year.