A cut to the number of passenger seats available on aircraft using Dublin Airport next summer is to be paused.
The High Court has granted a stay on a decision by the aviation regulator to cap the number of take-off and landing slots during the busy peak season.
The decision has been welcomed by airlines which took the action.
Airlines Ryanair and Aer Lingus, along with an organisation representing a number of US airlines, Airlines For America (A4A), had sought for the Irish Aviation Authority’s (IAA) decision to be paused pending the outcome of judicial review proceedings they are bringing in relation to it.
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The IAA ruling last month restricted the number of seats on aircraft arriving at and leaving the airport during the busy summer season to 25.2 million.
This would be around a million less than the number that were available over the summer of this year.
The IAA put that limit in place to try to ensure that Dublin Airport remains within its 32 million passengers a year cap, put in place in 2007 as a condition to the granting of planning permission for the second terminal.
The High Court has already given the airlines permission to take a judicial review of the summer slot decision, but that hearing has not yet taken place.
Separate judicial review proceedings taken by Aer Lingus, Ryanair and airport operator daa over the IAA’s decision to cap winter passenger seats at 14.4 million are already before the court and will be heard in December.
At a hearing of the stay application on Friday, Aer Lingus told the court that it could lose 362,000 seats and €84m in revenue next year and as much as €130m the following year if the IAA’s winter and summer cap on seat numbers remains.
Ryanair told the court that if the ceiling on slots remains in place it will cause it to lose 3,000 slots, 550,000 passenger seats and €50m a year.
It would also make it difficult for Ryanair to retain reciprocal slots in airports which it flies to from Dublin and to Dublin from, the court heard.
A4A also told Mr Justice O’Donnell that as well as costing its members money, the restrictions would cause them reputational damage and argued that it amounted to a breach of the EU-US Open Skies Agreement.
However, airport operator daa, which supported the IAA cap on seat numbers, told the court last week that the planning restrictions are binding at the airport and if a stay is granted those conditions will be breached.
But delivering his ruling this afternoon, Mr Justice O’Donnell said there was no issue in relation to the question of whether this was a serious issue to be tried.
He added that he was satisfied that airlines would suffer irreparable permanent harm if the stay were not granted and notwithstanding concerns around planning law, justice favoured a stay.
He said he was granting the stay on a limited basis and that it would apply only to the implementation and operation of the IAA’s passenger seat cap of 25.5 million passengers next summer.
Mr Justice O’Donnell added the stay would continue pending a further order of the court or determination of proceedings.
The granting of the stay comes just three days before Airports Coordination Ltd, the body which allocates slots at Dublin Airport, is due to make its decision on summer slots.
In his written ruling, Mr Justice O’Donnell said the potential consequences of a potential breach of the planning conditions does not outweigh the highly probable and very serious adverse consequences of failing to grant a stay in these proceedings.
“Those consequences extend beyond the immediate serious effects on the applicants, but include serious disruption for the public and potential harmful effects for the broader economy,” he said.
“In those premises the court is not satisfied that the asserted public interest in compliance with planning conditions properly operates to outweigh the established risk of very serious injustice that attaches to not granting a stay,” he added.
Commenting on the High Court decision, Minister of Transport, Eamon Ryan, and Minister of State, James Lawless, said they welcomed it.
“It gives some much-needed clarity at this stage and reflects the desire for progress expressed by the vast majority of stakeholders who have been engaged with on the issue,” they said.
“We look forward to working again with all stakeholders in the time ahead, as we work towards a solution that respects the planning process while continuing to promote the air connectivity of Ireland to the world.”
daa chief executive Kenny Jacobs said the court had a difficult task in considering complex issues of domestic planning law, EU law and international treaties, which have competing interests.
“Today’s decision will be welcomed by aviation as it brings clarity and allows all parties to move forward and protects jobs and connectivity which is in everyone’s interest. We are now reviewing the detail of the decision to understand the exact implications for next year,” Mr Jacobs said.
“The planning cap remains a significant issue for Ireland, and it is essential the planning regime now moves quickly to fully resolve the issue for the long term,” he said.
“We’re an island nation dependent on aviation for our prosperity and we need to maintain good connectivity. It is in everyone’s interest that we deliver an uplift to the planning cap quickly, so we don’t find ourselves back in this position in a year’s time,” he added.
Ryanair also said it welcomed the “sensible ruling” as it believes that the cap is in breach of EU legislation on Freedom of Movement.
The airline said it remains confident that EU law will triumph 2007 Fingal planning restriction and will allow airlines to grow traffic and tourism with the benefit of Dublin’s second runway.
Ryanair Group CEO Michael O’Leary said it was deeply regrettable that the airlines had to take legal action to stay the “idiotic cap” at Dublin Airport.
“Today’s High Court ruling clears the way for this matter to be referred to the European Courts where Ryanair is confident that this absurd road traffic restriction from 2007 will be removed, which will enable airlines like Ryanair to continue to grow traffic, tourism, and jobs in Ireland, where two Green Ministers (Eamon Ryan and Catherine Martin) have failed to act for the last five years,” Michael O’Leary said.
Aer Lingus also welcomed the decision and said it will now assess the full implications, including any potential impacts on decisions that the slot co-ordinator for Dublin Airport may take as a result.
A4A said the passenger cap is an extreme decision and it is pleased the Irish High Court agrees.
“We remain committed to working with Dublin Airport to address their operations and local concerns—without harming consumers, airlines and the Irish economy,” it said.
The Irish Aviation Authority, said it noted the decision to grant the stay, which it had taken a neutral position on.
“The remainder of the IAA’s Summer 2025 slot parameter decision stands and the coordination to that capacity will happen in the coming days in the normal way,” it said.
“The IAA notes that the alleged harm identified by the airlines flows from the planning conditions rather than from the IAA taking account of those conditions.”
