EU Court rules airlines can lose historic airport slots

The Court of Justice of the European Union (CJEU) has ruled that airlines can lose historic airport slots under exceptional circumstances, specifically when airport capacity is limited by mandatory legal restrictions.

The ruling, stemming from a dispute regarding Dublin Airport (Case C-857/24), addresses the airport's 32 million annual passenger limit established by urban planning permissions in 2007 and 2008. The court clarified that while historic slots grant priority to airlines that use them regularly, they do not constitute protected property under the EU Charter of Fundamental Rights.

According to the CJEU, slot allocation parameters must reflect actual available capacity, including technical, environmental, and legal constraints. The court noted that ignoring existing legal limitations, even those from older authorizations, could lead to the assignment of flights that cannot legally operate. This decision impacts the broader European aviation market by establishing that slot rights are conditional rather than absolute.