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LAST UPDATE | 4 Nov 2024
THE HIGH COURT has paused the implementation of the summer passenger cap on Dublin Airport.
In a ruling today, the High Court granted a stay on the operation and implementation on the passenger cap of 25.5 million that was decided by the Irish Aviation Authority (IAA) in October.
The IAA is responsible for identifying and determining the capacity at Dublin Airport and setting the consequent parameters for slot allocation.
“To take account of the capacity constraint represented by the planning condition set by An Bord Pleanála, the IAA has set a seat capacity limit of 25.2 million seats for the Summer 2025 scheduling season,” said the IAA in a statement in October.
Last week, Aer Lingus, Ryanair and a number of American airlines brought an urgent application over the IAA’s passenger cap over the summer season, which runs from late March to October.
In its application to the High Court, Aer Lingus said the loss of revenue from the passenger cap next year could reach €84 million and increase every year thereafter.
Ryanair meanwhile said it stood to lose around €50 million.
The High Court said “the harm contemplated involves very significant financial loss” but also “interference with what can be described as statutory rights to historic series of slots”.
In a written ruling, Mr Justice Barry 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,” added Mr Justice O’Donnell.
In a statement today, IAA said it “took a neutral position on the stay”.
“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,” said the IAA.
A spokesperson added: “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.”
Transport Ministers’ response
Statement from Minister of Transport Eamon Ryan and his junior colleague in the department Minister of State James Lawless said they welcomed the High Court decision as it gave “much-needed clarity” on the issue.
“We welcome the decision of the High Court today granting a partial stay on the Irish Aviation Authority’s decision concerning slots at Dublin Airport for the summer 2024 scheduling season,” the ministers said in a joint statement.
“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.
“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.”
Responding to the High Court’s decision, DAA CEO Kenny Jacobs remarked that the “court had a difficult task in considering complex issues of domestic planning law, EU law and international treaties”.
He said today’s decision “will be welcomed by aviation as it brings clarity and allows all parties to move forward and protects jobs and connectivity”.
Jacobs added that 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”.
Meanwhile, a spokesperson for Aer Lingus said the airline “welcomes the decision to grant a stay on the IAA’s earlier decisions to reduce capacity by removing historic slots at Dublin Airport”.
The spokesperson added that Aer Lingus “will now assess the full implications of the stay being granted, including any potential impacts on decisions that the slot coordinator for Dublin Airport may take as a result”.
Ryanair described the High Court decision as “sensible” and added that the “cap is in breach of EU legislation on Freedom of Movement”.
A spokesperson said: “Ryanair remains confident that EU law will triumph over the 2007 Fingal planning restriction and will allow airlines to grow traffic and tourism with the benefit of Dublin’s second runway.”
The passenger cap was set at 32 million per year in 2007 and hasn’t been changed since.
DAA said the figure was “largely based on the limitations of the road infrastructure to and from the airport”.
Ryanair CEO Michael O’Leary described the cap as “idiotic, outdated and damaging”.
He added that the 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”.
Minister of State at the Department of Transport, James Lawless, welcomed the decision also and said it “gives space for the planning authority to do its important work unhindered”.
He added: “It gives some much needed clarity and reflects the desire for progress expressed by the vast majority of stakeholders I engaged with over the last two months on the issue.”
Lawless also remarked that the decision will “avoid an unnecessary economic impact which would not have been good for anyone concerned” and called for a “solution that respects the planning process while continuing to promote the air connectivity of Ireland to the world”.
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Looks like the Green party will be all but wiped out and Donnelly losing his seat, some silver linings to take from this election should both come to pass.
@Ger Whelan: Isn’t it great!
@Nala O’ Neill: good riddance to o gorman, all going well
@Ger Whelan: The greens need to get away from tax as a climate solution. They need to show green by putting pressure on high emissions countries instead of taxing the Irish, which achieves nothing. Hope they have a real rethink for the future.
It appears people are complete i*****, voting in the same shower again
@edwardjp: if they’re doing well , why would they change?
@edwardjp: i genuinely don’t get why people like you are so surprised about this.
@edwardjp: totally agree
@brian o’leary: yourrrrrrrr hilarious
@brian o’leary: yeah a new homeless record. That’s doing well
@brian o’leary: Key word there is “IF”
@edwardjp: instead of moaning and whining…register with a party or stand as an independent and run in an election yourself. People have the right to vote as they see fit…just because you don’t like it doesn’t mean it’s wrong.
@edwardjp: So we should just vote the way you want.
@edwardjp: the harder you work, the luckier you get
@Ger Whelan: He never said he was surprised, you numbskull. Now, go on about your day.
@Sean: great point, but all the “experts” here are all mouth and no trousers. You’ll never see their names on a ballot paper. They think they can influence things by moaning here, all day, every day
@Temp Stuff: Having worked in aside variety of jobs in my lifetime, from swinging a sledge hammer all day to senior management roles, I can tell you that those who work the hardest get the poorest pay and the most abuse.
Luck is by far the greatest contributor to success.
@edwardjp: not everyone is politically left leaning. There’s v few parties I’d vote for as they are left and I know I’ll end up paying far more tax and be hounded for trying to build up my own pension over 40 plus years of working. The right wing independents don’t figure as they are 1 or 2 policy individuals. So really anyone who isn’t left leaning doesn’t have a great choice other than Fine Gael. When you think about it the much vaunted proportional representation voting system isn’t really much better than first past the post. Admittedly it’s more exciting at the count and it does allow Mr Hutch to have a proper go at getting a seat.
Catherine Martin ‘may possibly ‘ cling onto seat on gravy train…… seriously?????
SF are struggling. It’s clear on tallies that they are actually several points down on the exit poll. Transfer friendly FF and FG will win more seats leaving them in a distant third place.
@M Fahy:
FF and FG are certainly more transfer friendly between themselves but may well end up having too many candidates between them, splitting the vote between each other and allowing someone else in for that last seat.
Also SF are not as transfer toxic as they used to be, especially among other opposition parties.
Circa 60% have spoken. Meanwhile life goes on …
@Temp Stuff: FF AND FG we don’t need them
@Alan Moloney: who should replace them?
I’m so gay my advent calendars are all back doors.
In the normal course of events, Roderic O’Gorman and the Greens would be consigned to the dustbin of history, and rightly so, but the damage done to this country by O’Gorman will remain long after he has shuffled off his mortal coil!
Next Government will be FF/FG/Labour.
Mary Lou supporters are some crowd 218 transferred votes to The Monk. !!!
Ireland badly needs a MIGA candidate.
Oh, I forgot, it was never great to begin with!
@Ulick: my ballsack
have your say