Lobby group warns planners would have ‘carte blanche’ to restrict airport capacity
The group has said the Irish Government needs to pre-empt an upcoming final decision on key questions related to the cap that were referred by the High Court to the Court of Justice of the European Union (CJEU ) in 2024.
Having legislation in place by the end of April would give the High Court an opportunity to withdraw its request to the CJEU for a preliminary ruling on the issues, said A4A.
The lobby group has told the US Department of Transportation that there is now a danger that the EU court will deliver a final ruling in relation to the cap that “destroys the foundation of aviation slot allocation” and will have sweeping implications across the EU and globally.
“The US government should engage the Irish Government with a view to persuading it to finalise on an expedited basis the recently published bill allowing for removal of the passenger cap at Dublin Airport,” A4A has told the US Department of Transportation in a new submission.
An advocate general of the Court of Justice recently advised that the Irish Aviation Authority (IAA) does have the power to limit the number of take-off and landing slots it makes available at Dublin Airport in order to ensure the gateway complies with its passenger cap.
That cap limits annual passenger numbers at Dublin to 32 million.
Aer Lingus has insisted that the cap is not hurting US airlines at Dublin Airport. Photo: John Mulligan
The advocate general’s advice was issued in advance of a final ruling due from the CJEU after the High Court Ireland referred key questions to Europe following a challenge taken against the IAA’s efforts to restrict slots.
That challenge was taken by Aer Lingus, Ryanair and other parties.
“The advocate general’s opinion, if adopted by the CJEU in the court’s final decision, will fundamentally reshape how airlines operate at Dublin and other coordinated airports across the EU and globally,” A4A has claimed.
The Government has drafted legislation to remove the cap at Dublin Airport. Photo: John Mulligan
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It has already accused Ireland of being in breach of the EU-US Open Skies Agreement, or Air Transport Agreement (ATA).
And it has previously asked the US government to impose restrictions on Irish airlines serving US destinations unless the cap is removed.
That would primarily impact Aer Lingus.
A4A has urged the US Department of Transportation “to ensure that the Irish Government enacts legislation and removes the passenger cap at Dublin by the end of April 2026, allowing the Irish High Court the option to pull back the pending questions from the CJEU before a precedent-setting decision that destroys the foundation of aviation slot allocation”.
Dublin Airport could handle more than 37 million passengers this year. Photo: John Mulligan
While the Government has approved legislation to remove the cap, it will take months before it is enacted. Transport Minister Darragh O’Brien has said he hopes it could be in place by the summer.
But by that stage, the CJEU will probably have issued its ruling and there is every likelihood it will adopt the opinion from the advocate general.
Once the CJEU ruling is made, it would become binding upon other EU member states in making similar decisions.
“The advocate general opinion, when it becomes the CJEU’s decision, would permit the local Irish planning authority to dictate slot allocation based on non-aviation considerations (local politics, land-use plans, community pressure) in direct contradiction with the EU slot regulation and the US-EU ATA,” A4A has claimed.
“This means that in Ireland and the rest of the EU, local planning authorities will have the carte blanche authority to reduce airport capacity, revoke historic slots, and block new entrants,” it has told the US Department of Transportation.
“This undermines the principles of international law and will result in a patchwork of local rules that are incompatible with international aviation.”
A4A has claimed that in light of the advocate general’s opinion, a failure by the US to uphold the Open Skies Agreement “will open the floodgates to actions by any local planning authority, for any reason, across the EU which will negatively impact the flying public in the form of less competition, less connectivity and more uncertainty”.
The lobby group has insisted that Aer Lingus’ position that no harm is being inflicted on US carriers because of the cap – Dublin Airport will likely handle more than 37 million passengers this year – “is inconsistent with the experience of US operators seeking to plan and grow transatlantic service”.
“The uncertainty at Dublin has a chilling effect on US carrier network planning, which requires time to plan and the guarantee of stability and certainty afforded under the EU slot regulation and the US-EU ATA,” it added.
The proposed legislation from the Government to remove the cap has a number of hurdles to jump before it becomes law.
Last week, the Joint Committee on Transport invited submissions from interested parties including local groups on the planned new law.
The committee has begun pre-legislative scrutiny of the general scheme.