Airlines consider legal challenge to Dublin Airport's winter passenger cap of 14.4 million

Regulators face a possible legal challenge over the decision to limit airlines using Dublin Airport to 14.4 million passengers this winter to ensure the airport does not exceed a controversial cap on numbers.

The Irish Aviation Authority (IAA) confirmed on Tuesday that it would limit airlines operating at the airport to a maximum of 14.4 million seats between October 27 next year and March 29, 2025, winter season.

The move aims to help Dublin Airport’s operator, state-owned DAA, meet the 32 million passengers per year cap imposed by planners as a condition of opening an additional runway in 2022 .

Documents released Tuesday with the ruling show that the airport’s largest airline, Ryanair, could go to court if the IAA decision costs it historic rights to takeoff and landing slots at the airport. ‘airport.

Aer Lingus, its owner International Airlines’ Group (IAG) and British Airways have also all questioned whether IAA could legally limit their ability to ensure DAA meets a scheduling condition.

Ryanair’s response states that any “unlawful implementation” of conditions resulting in the loss of the carrier’s slots “will give rise to the obligation to assert our rights, up to and including legal action.”

The airline called the IAA’s proposal an “unlawful interference” with airlines’ historic rights to arrival and departure slots at Dublin Airport, in response to the authority’s initial proposal last month.

Aer Lingus says the regulator is actually trying to limit passenger traffic in Dublin “which it has no jurisdiction to do”. The carrier said Tuesday it would review the decision in detail and consider its response.

British Airways, which is also part of IAG, questions the competence of the IAA and points out that it has never taken planning conditions into account until now.

IAG echoes the arguments of the two subsidiaries. On Tuesday, the group said it supported Aer Lingus and did not think the IAA should take the 32 million passenger cap condition into account when deciding on capacity this winter.

The authority proposed the limit in a draft decision last month to “take into account planning conditions relating to the annual capacity of Dublin Airport Terminals One and Two”. The draft decision defines the parameters for awarding take-off and landing slots to airlines at Dublin Airport.

The authority sets these conditions for winter and summer each year, after discussion with a committee composed of airlines, the DAA and other interested parties. An independent company then allocates slots to airlines based on these limits.

In Tuesday’s final decision, the IAA says the airlines failed to convince the authority to ignore the cap of 32 million passengers per year. He explains that European regulations stipulate that the authority must take into account all relevant technical, operational and environmental constraints.

The authority also notes that the DAA considers the measure an important part of its strategy to comply with the passenger cap.

The DAA welcomed the decision but warned there was a risk Dublin could still exceed the cap as the regulator had not agreed to other proposed measures.

Kenny Jacobs, chief executive, said the airport wanted to grow but needed to meet the €32m cap, while the IAA had an important role to play in this as it controlled the number of slots schedules allocated to airlines.

Last year the DAA asked Fingal County Council’s planning authority to increase the cap to 40 million passengers a year.