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The Irish High Court has decided to refer the dispute over Dublin Airport's passenger cap to the Court of Justice of the European Union (CJEU). Judge Barry O’Donnell stated that resolving the case required a reference to the CJEU. The case involves Aer Lingus, Ryanair, the Irish Aviation Authority (IAA), daa (the owner and manager of Dublin and Cork Airports), and Airlines for America (A4A), which includes American Airlines, Delta Air Lines, JetBlue, and United Airlines.
O'Donnell explained that a central issue is whether the IAA was entitled to consider planning conditions related to developments at Terminals 1 and 2 at Dublin Airport. These conditions restrict the airport from handling more than 32 million passengers annually due to a planning condition attached to a 2007 grant for Terminal 2 construction.
The court must interpret slot regulations, including defining "relevant constraint" and determining slot coordination parameters. It will decide if the IAA considered these planning conditions appropriately. Additionally, issues concerning historic slots' legality were noted, questioning if the IAA could reduce their number or if slot regulations prevent closing down the airport to meet passenger caps.
