Dublin Airport passenger cap must be factored into flight slot allocation, EU court rules

The Court of Justice of the European Union (CJEU) has ruled that the 32-million-passenger annual cap at Dublin Airport must be factored into the allocation of flight slots. The ruling confirms that the passenger limit, established through planning permissions in 2007 and 2008, constitutes a “legal restriction” on the airport’s capacity.

Under this judgment, airlines do not have an automatic right to retain previously held slots if doing so violates the cap. While the ruling introduces uncertainty for carriers like Ryanair and Aer Lingus, the Irish government retains the authority to remove the cap if it chooses to seek new planning permission.

The dispute arose after the airport exceeded its limit, handling approximately 36.4 million passengers in 2025. The Irish Aviation Authority had previously attempted to impose seasonal restrictions to ensure compliance, moves which were challenged in court by the airport operator, DAA, and various airlines.