The Irish government is being urged to scrap the cap on passenger numbers at Dublin airport before an EU court ruling takes effect.
Minister for Transport Darragh O’Brien is being specifically pressed to quickly eliminate the Dublin Airport passenger cap amid warnings that a looming EU court ruling could threaten Irish and U.S. landing slots.
According to an Irish Times report Ryanair and Aer Lingus have called for rapid action from O’Brien after an adviser to Europe’s top court in Luxembourg issued a non-binding opinion that found the 32 million cap was legally sound.
Reported the Times: "The opinion from the advocate general of the Court of Justice of the EU, Manuel Campos Sánchez-Bordona, led to anxiety that the definitive court ruling due within months could follow suit, upholding the cap before O’Brien enacts law to cancel it.
"The risk of that happening has led to concern in major airlines about enforcement action being taken to close critical landing slots in Dublin, prompting U.S. retaliatory action to cut Irish slots in American airports. The European case follows an action in the High Court against the cap by Ryanair, Aer Lingus and US trade group Airlines for America.
"The High Court sent questions relating to EU airport slot regulations to the Luxembourg court. Enforcement action was suspended for two years last April pending such litigation."
Minister O'Brien, added the report, has received Cabinet approval to prepare draft laws to scrap the Dublin cap after breaches in 2024 and 2025.
"But he has signalled the legislation won’t be passed until the end of the year, presenting the risk that the European court ruling will come first and lead to enforcement of the cap.
"The Sánchez-Bordona decision is not binding on the court but such opinions are influential and are often followed by the judges in formal rulings."
Ryanair chief executive Michael O’Leary has said Taoiseach Micheál Martin should ensure the cap is eliminated before his St. Patrick’s Day visit to the White House next month.
“If the Irish government doesn’t urgently abolish this cap, we face the real risk that the American government will block Aer Lingus flights landing in New York, and then Micheál Martin will be forced to pass emergency legislation within 24 hours,” O’Leary said.
“Ireland should not be embarrassed by the U.S. administration into delivering its own programme for government.”
Aer Lingus said it “strongly disagrees” with the advocate general opinion in the case.
“Regardless of the ultimate outcome of these legal proceedings, it is incumbent on the Government to now immediately accelerate the enactment and commencement of the legislation which will enable the Minister for Transport to remove the passenger cap and provide the certainty that is required for the Irish economy,” a statement said.
The Dublin Airport Authority said it hopes the final court decision “will bring much-needed clarity to the various regulatory regimes” impacting Irish aviation.
“The decisive action by the Irish Government this week to progress legislation to remove the cap once and for all, together with ’s €2 billion infrastructure plan to future-proof Dublin’s airport’s capacity and facilities, are vital steps in ensuring Ireland’s connectivity, jobs and economic success,” A DAA statement said.
In 2025 the number of passengers passing through Dublin airport exceeded 36 million, a figure well over the official cap. Airlines and tourism interests see a raising of the cap as being vital to future tourism growth on the island of Ireland.
