Applications from Ryanair and Aer Lingus to challenge passenger cap to be heard next week
High Court Reporters
Urgent applications from Ryanair and Aer Lingus seeking to challenge the recently announced cap on passenger numbers for Dublin Airport during next year’s high summer season will be heard by the High Court next week.
After hearing the airlines intend to lodge their legal documents on Friday, Ms Justice Mary Rose Gearty said she will set aside time on Monday to deal with their requests for court permission to pursue their claims.
The intended judicial review challenges concern the Irish Aviation Authority’s (IAA’s) decision of last week to limit Dublin Airport passenger numbers to 25.2 million for the summer 2025 season, which runs from late March to October.
Both carriers told the court they also plan to ask for an order pausing the effects of last week’s decision.
The IAA is responsible for identifying and allocating an airport’s maximum available capacity in a fair and transparent way in line with an EU regulation.
The body said it takes account of technical, operational, environmental and local planning constraints.
In its recent decision, it noted An Bord Pleanála has imposed an annual 32 million passenger limit, which limits available aircraft slots. It said it took account of this constraint when setting the 25.2 million seat cap for summer 2025.
An earlier IAA decision limiting carrier seats to 14.4 million over the 2024 winter period (from the late October to March) is already subject to High Court challenges by Ryanair, Aer Lingus and, raising contrasting concerns, the Dublin Airport Authority, which manages the airport.
Those challenges are due to be fought before the court in early December, and the airlines are pushing for these proposed actions to be heard simultaneously.
However, Eoin McCullough, senior counsel for the IAA, said such a move would be “inappropriate”, given the cases have not yet been brought.
On Tuesday, Ms Justice Gearty agreed to add Airlines for America (formerly known as Air Transport Association of America) as a notice party to the winter cap cases. Lawyers for the American association, which represents US airlines, said it wants to make submissions in those actions and also plans to bring its own challenge over the summer 2025 passenger limits.
Ryanair’s senior counsel, Martin Hayden, said the most recent IAA decision is “far more impactful” than its predecessor, with his client set to lose 3,000 slots during the period. There will be “substantial” consequences for passengers and Irish travel, he said.
He said Ryanair’s legal grounds will largely echo points it makes in fighting the winter cap decision.
Barrister Conor Quinn, representing Aer Lingus, said his client is likely to ask the court to refer legal questions to the Court of Justice of the EU as part of the challenge. The airline might ask for this referral to be sent ahead of a domestic trial of the issues.
In their legal actions over the winter cap, Ryanair and Aer Lingus separately allege the decision is legally flawed and should be set aside. They claim the IAA breached their constitutional rights, including property rights and that it acted irrationally and beyond its powers.
The Dublin Airport Authority cites different legal grounds in its case, said its senior counsel Brian Kennedy. He said the airlines allege the decision is “too tight”, while his client argues it is “too loose”.
The authority alleges the decision will lead to a breach of the annual passenger cap of 32 million separately imposed by planning legislation.
In a statement last week, it welcomed the IAA’s decision for summer 2025 slots. While saying it is bad for the economy, connectivity and Irish jobs, it said it “should help Dublin Airport comply with planning”conditions next year.
The authority said it does not have the power to stop airlines using slots or prevent passengers boarding planes.
The IAA is contesting each of the cases before the court.
