- The EU Court of Justice ruled that the Dublin Airport passenger cap may affect slot allocation.
- An airline could lose an allocation it has previously used.
- The court found that temporary slots do not constitute a right to property.
- A bill allowing the Minister for Transport and Climate to lift the cap was signed into law in July.
- daa has submitted a €2bn Infrastructure Application for Dublin Airport capacity and facilities.
The EU Court of Justice has ruled that the passenger cap at Dublin Airport may be taken into account when allocating airline slots. The judgment permits an airline to lose an allocation it has previously used. It finds that legal limits in a development consent can form part of an objective analysis of airport capacity.
The ruling followed an initial opinion from the Advocate General in February. The court found that an annual passenger limit imposed by a planning authority may be considered at an airport with capacity problems. It also found that temporary slots do not constitute a right to property under the Charter of Fundamental Rights.
A bill giving the Minister for Transport and Climate Darragh O’Brien the right to lift the passenger cap was signed into law in July. Dublin Airport operator daa noted that the judgment brings clarity to regulatory regimes affecting aviation in Ireland. The operator has submitted a €2bn Infrastructure Application to expand and future-proof Dublin Airport’s capacity and facilities.
DAA shared : we note today’s judgement by the European Court of Justice, which is consistent with the opinion of the Advocate General issued in February. The judgement brings much-needed clarity to the various regulatory regimes impacting aviation in Ireland. The Irish government’s decisive action in passing legislation to address the passenger cap, together with DAA’s €2 billion Infrastructure Application to expand and future-proof Dublin Airport’s capacity and facilities, is critical to supporting Ireland’s international connectivity, job creation and economic success.
Michael O’Leary shared: “The time for further dither and delay by Mícheál Martin’s Govt is over. Fine Gael and Fianna Fáil got elected on a promise to abolish the Dublin Airport cap, and yet 21 months later, despite passing legislation allowing the Govt to do so, they still haven’t abolished this stupid and damaging 32m cap. The American airlines are threatening to remove Aer Lingus landing rights in New York if Ireland doesn’t abolish this stupid and self-defeating cap, so it is time to do so.
We, the airlines and our passengers, are paying higher airport fees at Dublin Airport to fund the development of the 2nd runway and we should be allowed to use it. Dublin Airport and Irish tourism can enter a new age of growth and success, but only when this stupid cap is finally abolished.
Dublin Airport doesn’t need a cap; it has two runways which is sufficient capacity for 60m passengers p.a. We, the airlines and passengers who use Dublin Airport, should be allowed to grow and develop new routes, lower fares, and more choice for Irish consumers and visitors, but this can only happen when Mícheál Martin’s Govt finally honours its promise to abolish Dublin Airport’s damaging and outdated 32m traffic cap.
In 2027, thanks to the IAA’s reduction in Dublin fees, traffic at Dublin Airport will rise to 40m passengers despite the current 32m cap. It is now time to abolish this stupid cap altogether, and allow the airlines to deliver competition, choice, and lower fares for Irish consumers and visitors”.
