However, Ms. Justice Mary Rose Gearty postponed until Tuesday the airlines’ request for a stay on the cap’s enforcement. The court was informed that the allocation of landing slots is set for November 7th.

It was also noted that the matter would inevitably be referred to the Court of Justice of the European Union.

The challenges are in response to the Irish Aviation Authority’s (IAA) decision to limit passenger numbers at Dublin Airport to 25.2 million for the summer 2025 season, spanning from late March to October. Ryanair, Aer Lingus, and the Dublin Airport Authority have already initiated legal actions regarding a separate 14.4 million passenger limit for the 2024 winter period, from late October to March. These cases are set for hearing in December.

The IAA is responsible for determining and allocating maximum airport capacity in compliance with EU regulations on slot capacity (the Slot Regulation), considering technical, operational, environmental, and local planning constraints.

Airlines for America (A4A), a U.S. airline association, is also pursuing a separate legal challenge from Ryanair and Aer Lingus. The parties are seeking orders to overturn the IAA’s decision on passenger limits, arguing that the IAA had no authority to consider planning conditions when setting the cap under the Slots Regulation.

They also claim the IAA failed to sufficiently discuss its decision with the coordination committee of airlines and the airport authority before finalizing it.

Aer Lingus further contends that the IAA exceeded its statutory powers and violated its constitutional and European Convention rights, as well as its legitimate expectations.

Ms. Justice Gearty granted permission for Aer Lingus, Ryanair, and A4A to proceed with their challenges, with legal representation from Conor Quinn BL, Martin Hayden SC, and Declan McGrath SC, respectively.

Mr. Hayden stated that the case would inevitably require a ruling from the European courts, as Ryanair risks losing €50 million due to a reduction of 550,000 passenger seats and 3,000 slots. Mr. Quinn added that Aer Lingus could lose 362,000 seats, while Mr. McGrath emphasized the urgency of addressing the passenger limit before slot allocations on November 7th, arguing that the cap may violate the EU-US Open Skies agreement.