Airlines for America (A4A) has filed a complaint with the US Department of Transportation (DOT), claiming that Dublin Airport’s passenger cap is in breach of Ireland’s legal obligations.
The issue
The current cap limits Dublin Airport to 32 million annual passengers. The cap was introduced as a condition of the planning permission for the construction of the airport’s second terminal in 2007.
A4A argued that the 32 million passenger cap is in violation of EU regulations and transport agreements with the US. The complaint stated that the cap is “an unjustifiable and unreasonable discriminatory and anticompetitive practice”.
It was put in place to limit traffic pressure around the airport. Dublin Airport says that a third of all passengers now travel to the airport by bus, and that the road network has improved, meaning these traffic concerns are no longer necessary.
Responses
Ryanair welcomed A4A’s complaint. It added that the passenger cap forces US airlines to lose their existing slot rights. The airline also criticises Ireland’s Taoiseach [head of government], Micheál Martin, for his “do-nothing” approach.
“While the US Airlines have now initiated legal proceedings against Ireland in the US, our “do-nothing” Taoiseach continues his worldwide tour with this week’s 4 day stop-off in China”, said Ryanair CEO Michael O’Leary. “He will waste the entire week talking about international issues, on which he has no impact, while his Government – despite a 20-seat majority – delivers nothing here at home.”
Dublin Airport breached the cap in 2024, where a total 34.6 million passengers used the airport. This was a 3.3% increase from the 2023 numbers.
However, the High Court granted a stay in 2024. This prevents the Irish Aviation Authority’s (IAA) from restricting airline slots and applying passenger limits. The stay remains ongoing while the issue makes its way through courts as part of legal proceedings.
Dublin Airport was on track to have more than 36 million passengers pass through its terminals in 2025.
The future
Campaigners want to raise the cap to 40 million annual passengers in line with national aviation policy, the National Planning Framework, the Fingal Development Plan and the Dublin Airport Local Area Plan.
“The cap at Dublin Airport needs to be removed once and for all”, said Dublin Airport CEO Kenny Jacobs. “The airport needs to be reclassified as national strategic infrastructure, with decisions made by a national planning body”.
The EU–US Open Skies Agreement allows European and American airlines to operate international routes between the EU and the US, and routes beyond the EU and the US, without restrictions on the number of flights or type of aircraft.
Recently, Ireland’s High Court acknowledged the complexity of Dublin Airport’s efforts to comply with multiple, and sometimes conflicting, regulations. The Court has therefore referred the matter to the European Court of Justice for guidance.
The process could take up to two years to be resolved.
