The European Court of Justice (ECJ) has ruled that Dublin Airport’s annual passenger cap “may be taken into account” for decisions on flight slot allocations.
Flight slots are allocated at Dublin Airport to manage busy demand for planes arriving and departing.
When slots work well, they help prevent more flights being scheduled than the airport can handle considering, not just runways, but also terminals and other services.
Established airlines at Dublin Airport are keen to keep hold of the slots they have previously held. But the European Court of Justice ruled that constraints on passenger numbers was a valid reason to exceptionally remove slots from airlines.
The court dismissed claims that temporary slots constitute protected property rights under the European Charter of Fundamental Rights.
The decision by the ECJ deals a significant blow to major airlines and the airport’s operator, who had legally challenged the Irish Aviation Authority’s (IAA) seasonal passenger caps imposed to prevent a breach of planning constraints dating back to 2007 and 2008.
In its binding judgment, the EU court ruled that the parameters for flight slot allocation must “reflect, in operational terms, all the capacity that is actually available at a coordinated airport.”
The ECJ clarified that planning restrictions are legally binding operational constraints, stating, “it is immaterial whether the urban planning rule is long-standing or the policy underlying it has evolved.”
The legal battle now returns to the Irish High Court, which must issue a final ruling in light of the EU interpretation.
Responding to the EU court decision, a spokesperson for the IAA said:
“The Irish Aviation Authority (IAA) notes the Court of Justice of the European Union (CJEU) judgment on the three questions referred to it by the High Court, noting that it aligns with the IAA’s position in respect of the first two questions, and that the CJEU has decided not to answer the third question. The IAA will now consider the potential implications of the judgment on the domestic proceedings, and for future slot capacity decisions.”
An Aer Lingus spokesperson meanwhile said the judgment has been “overtaken by legislative developments in Ireland.”
“The Government has enacted the Dublin Airport (Passenger Capacity) Act and Dublin Airport Authority (daa) has applied to amend the cap under that legislation.
The priority now is for the remaining statutory process to be completed as quickly as possible so that the passenger cap can be amended, providing the long-term certainty needed by airlines, passengers and the wider Irish economy.”
The Dublin Airport Authority has also been contacted for their response to the EU court.
Dublin Airport operates under a long-standing 32 million passenger annual cap.
The Dublin Airport (Passenger Capacity) Act 2026 was enacted in July to allow the Minister for Transport to amend or revoke the limit.