The High Court of Ireland has determined that challenges from airlines including Aer Lingus Ryanair and Airlines for America, which represents US carriers, regarding the 32m passenger cap at Dublin Airport require referral to the Court of Justice of the EU for clarification on EU law.
The Irish Aviation Authority’s (IAA) imposition of a seasonal passenger cap is contested by the airlines, who argue it improperly refers to a 2007 planning condition.
The judge emphasized that unresolved EU law issues warrant a pre-hearing discussion on the necessity of a CJEU reference to ensure efficient legal proceedings.
Justice O’Donnell heard from Suzanne Murray, counsel for Aer Lingus, who argued that dealing with the reference question ahead of the substantial hearing was the most efficient use of time.
Barrister Frank Crean, for Ryanair, agreed with her reasoning, submitting that a reference in the cases is “inevitable” as the CJEU has never before interpreted the EU’s slot regulation, which imposes rights and rules regarding airlines’ take-off and landing slots at European airports.
The facts of the cases are not in dispute, so this is an appropriate situation for the court to refer EU law issues ahead of a full High Court hearing. The IAA and the operator of Dublin Airport, DAA, expressed concern that the reference issue could throw the substantial hearing off course.
They claim there was no basis for it incorporating a 2007 planning condition, which contains a separate annual passenger cap, in its assessment of the airport’s capacity.
Concerns have been raised by the IAA and Dublin Airport Authority (DAA) regarding the potential impact of the reference on the timeline and framework of the substantial hearing set to take place shortly.
The DAA has separately applied to the local planning authority, Fingal County Council, seeking an increase of the 32m limit to 40m.
