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Business

High Court Grants Airlines Permission for Judicial Review Over Dublin Airport Slot Restrictions

High Court Grants Airlines Permission for Judicial Review Over Dublin Airport Slot Restrictions
RTX
October 21, 2024

DUBLIN — The High Court has authorized Ryanair, Aer Lingus, and a representative organization for several US airlines to pursue a judicial review regarding a decision made by the Irish Aviation Authority (IAA) that limits the number of aircraft slots at Dublin Airport for the upcoming summer season.

The airlines are also requesting a stay on the IAA’s decision, which was announced earlier this month, until the judicial review proceedings are concluded. The court is set to schedule a date for the stay hearing tomorrow, with all parties indicating the need for an urgent resolution.

On October 7, the IAA published its final ruling, which restricts the total number of passenger seats on flights to and from Dublin Airport to 25.2 million for the summer of 2025. This figure is approximately one million seats fewer than the previous summer, leading to significant capacity challenges for the airlines operating at the facility.

The IAA implemented this cap in an effort to ensure Dublin Airport remains within a long-standing limit of 32 million passengers per year, a condition established in 2007 as part of the planning permission for the airport’s second terminal.

Ryanair, Aer Lingus, and Airlines for America (A4A) have collectively sought the High Court’s review of this decision. Senior Counsel Martin Hayden, representing Ryanair, indicated that parts of the case may also require a referral to the European courts for clarification, a sentiment echoed by representatives from Aer Lingus and A4A.

A4A’s counsel stated that they would argue the IAA’s ruling violates the EU-US Open Skies Agreement, which is particularly concerning for their clients. They expressed urgency for the court to review the stay application next week, as the allocation of slots to airlines is scheduled for November 7.

Hayden highlighted the urgency of the situation, noting that if the IAA’s decision is implemented, Ryanair could lose 3,000 slots and approximately 550,000 passenger seats. Conor Quinn, representing Aer Lingus, corroborated this urgency, stating that their airline would face a loss of 362,000 passenger seats if the decision is enforced.

Ms. Justice Gearty acknowledged the request, granting leave for the parties to seek a judicial review and confirming that a date for the stay hearing would be set tomorrow.

The outcome of this legal action could have significant implications for airline operations at Dublin Airport and the broader aviation landscape as the industry continues to recover from the disruptions caused by the COVID-19 pandemic.

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