The Irish High Court has decided to move the matter of the passenger cap at Dublin Airport
(DUB) to the Court of Justice of the European Union (CJEU), with Judge Barry O’Donnell explaining his decision by saying that it was impossible to resolve the case without a reference to the CJEU.
Referring to European Courts
On December 11, O’Donnell ruled that the case, which involves 
Aer Lingus
, Ryanair
, the Irish Aviation Authority (IAA), the daa, the owner and manager of Dublin Airport (DUB) and Cork Airport (ORK), and Airlines for America
(A4A), an association uniting several United States airlines, including those with interest in the case, namely 
American Airlines
, 
Delta Air Lines
, JetBlue
, and 
United Airlines
, should be referred to the CJEU.
“By way of a very brief summary of what are detailed factual and legal issues, a central issue for the determination of the proceedings will be the question of whether the IAA was entitled to have regard to certain planning conditions that attach to developments at Terminals 1 and 2 at Dublin Airport, which are described as the 32mppa conditions (32 million passengers per annum).”
The judge added that the conditions prohibited the Irish capital’s airport from welcoming more than 32 million yearly passengers due to a planning condition attached to a 2007 grant, which allowed the airport to build Terminal 2.
Photo: frank333 | Shutterstock
The court would have to interpret slot regulations, namely the definition of a “relevant constraint” and the slot coordination parameters based on an objective analysis of the possibilities of accommodating air traffic to rule whether the IAA had regard to the planning conditions.
O’Donnell also highlighted problems related to the legality of historic slots – noting that there was an argument that the IAA had no right to reduce the number of historic slots – and whether slot regulations prevent the airport’s management from closing down the airport to comply with the passenger cap.
Before a hearing on the case on December 3, involved parties sought that the Irish High Court would address a question of reference to the CJEU and Article 267 of the Treaty on the Functioning of the European Union (TFEU) or, to put it in layman’s terms, whether the case would be interpreted according to a uniform application of EU law.
“Having considered the matter, the court was satisfied that it was appropriate in principle to make a referral prior to the full hearing of the issues.”
Previously, O’Donnell stayed the motion that historic slots could be taken away from airlines, arguing that they were protected property rights.
Related
Airline Argument Sways Irish High Court To Pause Dublin Airport Passenger Cap
The stay order will grant airlines, including Aer Lingus and Ryanair, more time to possibly remove the passenger cap at Dublin Airport.
Capacity of up to 60 million passengers per year
In a statement on December 11, Ryanair welcomed the decision, with the low-cost carrier saying that it believed the CJEU would deem the passenger cap illegal. According to the airline, Dublin Airport has the capacity to welcome up to 60 million passengers per year.
“Ryanair regrets that it has been forced to waste time and money on this legal action which would not have been necessary if failed Green Transport Minister Eamon Ryan has just issued a direction to the IAA to prioritise growth, rather than pandering to a 17-year-old planning restriction to address road traffic concerns which no longer exist.”
Photo: Vincenzo Pace | Simple Flying
The referral will now allow Ryanair to add some growth capacity during the upcoming summer season, starting in March 2025 and ending in October 2025. Ryanair hopes it will be able to respond to the daa’s new environmental incentive scheme by basing some of its Boeing 737 MAX 8-200
aircraft at the airport.
Related
The airport authority has already applied to lift the cap from 32 million to 40 million passengers at Dublin Airport.
Delivering on their promises
“Ryanair welcomes the success of those parties such as FF & FG who have committed to scrapping the Dublin Airport Cap at the earliest possible date and hopes that a new Govt will deliver this manifesto promise as their first order of business in early 2025.”
Data from the aviation analytics company Cirium showed that while Ryanair has not updated its schedule from Dublin during the upcoming summer season, it added a whopping 268 additional flights in November 2025 compared to the same month a year prior.
Photo: LukaCvetkovic | Shutterstock
When Airport Coordination Limited (ACL), a slot coordinator for over 70 airports globally, published the initial coordination report for Dublin Airport, the data pointed out that versus the previous summer season, flight movements and total seats would be down 5.8% and 4.3%, respectively.
Related
Dublin Airport Gets 4 New Routes To The US Next Summer
However, Dublin Airport’s year-on-year (YoY) capacity will be down due to the passenger cap limiting operations at the airport.
