Airlines’ established take-off and landing slots are not immune from Dublin Airport’s passenger cap, the EU Court of Justice ruled on October 15.
A legally binding passenger limit must be considered when setting the capacity available for slot allocation. That can exceptionally mean reducing or withholding slots an airline has regularly used.
The dispute concerns a 32-million annual passenger limit imposed through development consents granted in 2007 and 2008. When forecasts suggested the ceiling could be reached or exceeded in 2024, the Irish Aviation Authority set seasonal passenger caps. The airport operator and airlines challenged those decisions.
The court said legal restrictions count alongside technical, operational and environmental constraints. Allocating slots while ignoring a binding limit could leave airlines with permissions they cannot use.
Historic slots offer priority, not automatic renewal. Their temporary character also means they are not a property right under the EU Charter, the court said.
The ruling interprets EU law rather than finally deciding the Irish challenges. Those return to Ireland’s High Court for determination in light of the judgment.
Official court summary, C-857/24.
