Ryanair and Aer Lingus call for speedy removal of Dublin Airport cap following EU court ruling

DCM Editorial Summary: This story has been independently rewritten and summarised for DCM readers to highlight key developments relevant to the region. Original reporting by Irish Times, click this post to read the original article.

Minister for Transport Darragh O’Brien was pressed to quickly eliminate the Dublin Airport passenger cap amid warnings that a looming EU court ruling could threaten Irish and US landing slots.

Ryanair and Aer Lingus called for rapid action from O’Brien after an adviser to Europe’s top court in Luxembourg issued an non-binding opinion that found the 32 million cap was legally sound.

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 US 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.

[ Dublin Airport passenger cap set to be scrappedOpens in new window ]

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.

O’Brien received Cabinet approval this week 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 US 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,” Aer Lingus said.

O’Brien said the opinion confirmed the validity of the Irish Aviation Authority’s consideration of the cap in decisions on Dublin capacity.

Noting such opinions were not binding, O’Brien said “we now await the full judgment” of the court.

“In the meantime, the Minister remains committed to addressing the passenger cap planning condition through the progression of the Dublin Airport (Passenger Capacity) Bill 2026,” his department said.

DAA noted the opinion, saying 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.”