Regulators face possible legal challenge over a decision to limit airlines using Dublin Airport to 14.4 million passengers this winter to ensure the airport does not breach 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 27th next and March 29th, 2025, the winter travel season.
The move is meant to assist Dublin Airport’s operator, State company DAA, in complying with a 32 million passengers a year cap imposed by planners as condition of opening an extra runway in 2022.
Documents published with the decision on Tuesday show that the airport’s biggest airline, Ryanair, could go to court if the IAA decision costs it historic rights to take-off and landing slots at the airport.
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Aer Lingus, its owner International Airlines’ Group (IAG), and British Airways also all questioned whether the IAA could legally limit their capacity to ensure that DAA complies with a planning condition.
Ryanair’s response states that any “unlawful implementation” of conditions that result in the carrier losing slots “will give rise to a requirement to vindicate our rights up to and including court action”.
The airline dubbed the IAA proposal an “unlawful interference” with airlines’ historic rights to arrival and departure slots at Dublin Airport, in a response to the authority’s initial proposal last month.
Aer Lingus argues that the regulator is effectively trying to limit passenger throughput at Dublin “which it has no jurisdiction to do”. The carrier said on Tuesday that it would review the decision in detail and consider its response.
British Airways, also part of IAG, questions the IAA’s jurisdiction and points out that it has never taken planning conditions into account previously.
IAG echoes both subsidiaries’ points. On Tuesday, the group said it backed Aer Lingus and did not think IAA should take the 32 million passenger cap condition into account when deciding this winter’s capacity.
The authority proposed the limit in a draft decision last month to “take account of planning conditions relating to the annual capacity of terminals one and two at Dublin Airport”. The draft decision sets out the parameters for allocating take-off and landing slots at Dublin Airport to airlines.
The authority sets these conditions for winter and summer every year, following discussions with a committee made up of airlines, the DAA and other interested parties. An independent company then allocates the slots to airlines in accordance with those limits.
In Tuesday’s final decision, the IAA says the airlines had not persuaded the authority that it should not consider the 32 million passengers a year cap. It explains that EU regulations say the authority should take account of all relevant technical, operational and environmental constraints.
The authority also notes that the DAA considers the measure to be an important part of its strategy to comply with the passenger cap.
DAA welcomed the decision, but warned that there was a risk that Dublin could still breach the cap as the regulator had not accepted other measures it proposed.
Kenny Jacobs, chief executive, said that the airport wanted to grow, but had to comply with the 32 million cap, while the IAA had an important role in supporting that, as it controlled how many slots were allocated to airlines.
DAA applied to planning authority Fingal County Council last year to increase the cap to 40 million passengers a year.
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