Dublin Airport Passenger Cap Must Guide Flight Slot Allocation, Rules Top EU Court
The Court of Justice of the European Union ruled on Thursday that regulators must take the 32 million annual passenger limit into account at Dublin Airport when allocating take-off and landing slots to airlines. The decision means flight slot decisions must reflect available capacity, potentially resulting in carriers losing historic slots they previously held.
Airlines challenged the Irish Aviation Authority’s decision to include the 2007 planning restriction when setting terms for slot allocation during the winter 2024 season. That legal challenge prompted an Irish High Court judge to refer specific questions regarding EU aviation law to the bloc’s highest court in Luxembourg. The CJEU determined that the passenger limit functions as a legal restriction on operational capacity that coordinators must incorporate into their objective analysis.
The ruling does not affect the Irish Aviation Authority’s recent decision to add 28 new take-off and landing slots at Dublin for the upcoming summer season. Dublin Airport surpassed its limit several years ago, handling 36.4 million people in 2025—a number it expects to exceed this year. Planners originally capped traffic on terminals one and two at 32 million passengers a year in 2007 under conditions attached to the development of Terminal 2 and the extension of Terminal 1.
Irish Government Moves to Lift Cap as Daa Advances Expansion Plans
Minister for Transport Darragh O’Brien told The Irish Times that he expected to make an order lifting the passenger limit to 40 million “relatively shortly”. The Dublin Airport (Passenger Capacity) Act, passed during the summer, allows the minister to increase or axe the cap. State airports company daa formally asked O’Brien in August to increase the limit to 40 million, initiating the statutory process required by the new legislation.
The EU's top court has ruled that Dublin Airport's 32-million-passenger cap must be taken into account when allocating flight slots, even if it means airlines losing slots they previously held – but the government can still ditch the cap if it wants tohttps://t.co/sHKdMFro6p
Separately, daa has sought permission for a 40 million passenger ceiling through an application submitted to planning authority Fingal County Council. The company maintains that the new legislation and its €2 billion infrastructure plan are critical to supporting Ireland’s international connectivity, job creation, and economic success. Meanwhile, the local St Margaret’s/The Ward residents’ grouping welcomed the CJEU ruling, asserting that planning limits set to protect local communities can no longer be ignored.
Airlines Press for Total Abolition Following the European Court Judgment
Ryanair chief executive Michael O’Leary argued that the European court ruling highlights the necessity for the government to abolish the passenger cap entirely. O’Leary predicted that traffic at Dublin Airport will hit 40 million next year, driven by the regulator’s decision to cut passenger charges. Ryanair has pledged to add more aircraft to its base following the regulator’s move.
Aer Lingus, another carrier involved in the original High Court challenge alongside US carriers, contended that the newly enacted airport capacity act has already overtaken the CJEU ruling. Aer Lingus emphasized that the priority is completing the remaining statutory process quickly to provide long-term certainty for airlines, passengers, and the broader Irish economy.
Case Returns to High Court as Climate Groups Warn of Emissions Impact
The legal challenge will now return to the Irish High Court, which must apply the CJEU ruling if the airlines continue their original action. Climate change charities have also weighed in on the regulatory battle. Opportunity Green senior manager Sorcha Tunney noted that while the court decision does not prevent the Irish government from removing the cap, it clarifies the legal significance of airport capacity constraints and warns that removing the limit carries substantial implications for aviation emissions.
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