Court gives daa leave to challenge decision which it says will breach annual passenger cap
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The Dublin airport authority has been given leave by the High Court to bring a challenge over a decision which it says will result in a breach of the 32 million annual passenger cap at the airport.
Ms Justice Niamh Hyland granted the daa permission to bring the challenge against the Irish Aviation Authority (IAA) which regulates air safety in this country. The application was made on a one-side only represented (ex parte) basis.
The challenge is to a May 7, 2024, decision of the IAA relating to the hours of runway and terminal capacity limits at the airport for the next winter season.
These "Winter 2024 Coordination Parameters" breach the capacity constraint set by planning permissions for the operation of the airport which say passenger numbers are limited to 32 million a year, the daa says. They may also be in breach of EU regulations, it says.
In its application for judicial review of the IAA decision, the daa seeks an order quashing those winter parameters. Alternatively it seeks the reopening of the May 7 decision or the setting of temporary parameters or other steps which will avoid breaching the planning permissions.
In its submissions as part of the process for setting the annual parameters, the daa has made it clear to the IAA that to remain compliant in 2024 with the 32 million limit, it believes that terminal passenger growth will need to stall.
The IAA, however, responded that it was not for it to determine the appropriate actions to comply with the 32 million annual passenger cap. The IAA said it is not responsible for the enforcement of, or compliance with, the cap or for deciding how the planning conditions imposed on the daa are to be interpreted. That's a matter for the daa, it said.
Moving the application for leave to bring the proceedings, Brian Kennedy SC, with Fintan Valentine SC, for the daa, said it was a case that should be heard as soon as practicable from his client's perspective as the winter parameters were due to come in on October 27.
The proceedings were brought following correspondence with the IAA over the last few weeks, counsel said.
Ms Justice Hyland said she was satisfied the daa had met the low threshold for bringing judicial review and that there was sufficient urgency in the matter. She gave directions for next steps including on service of proceedings on the IAA and notice parties.
Mr Kennedy said Aer Lingus and Ryanair, as the two biggest airlines at the airport, had been joined as notice parties along with regional airline Emerald Airlines Ireland Ltd which is the third biggest. An English company, Airport Coordination Ltd, which allocates slots after the parameters have been set, has also been joined as a notice party.
The judge said the matter could return to court at the end of the month.