The US airline industry wants the US Department of Transportation (DOT) to warn Ireland not to move forward with planned capacity caps at Dublin airport.
Lobby group Airlines for America (A4A) recently petitioned the DOT, asking the agency to threaten to limit Irish airlines’ US flights should the cap take effect.
The group says the cap would cause US airlines to lose slots at Dublin, violating fair-competitive provisions in the US-EU air transport agreement.
“Time is of the essence,” A4A told the DOT in a 5 January regulatory filing, noting that a European court is expected in the coming weeks to issue a ruling that could decide the matter.
In response to A4A’s petition, the DOT on 9 January asked affected parties to comment about the issue, saying it will then consider next steps.
Comments include those from Aer Lingus, which on 23 January urged the DOT to deny A4A’s request. The Irish airline firmly opposes the caps but says, should they take effect, US carriers will not be uniquely harmed.
At issue is a 2007 decision by Dublin’s planning board to cap Dublin airport to 32 million passengers annually – a move intended to address concern that the opening of Dublin’s Terminal 2 would create excessive vehicle traffic leading to and from the airport.
Dublin’s annual passenger count had not until recently started butting up against the cap.
In 2024 Ireland’s High Court issued a stay preventing the Irish Aviation Authority from implementing the cap pending litigation filed by A4A and carries including Aer Lingus, Delta Air Lines, JetBlue Airways, Ryanair and United Airlines.
The High Court responded by asking the Court of Justice for the European Union if the passenger cap complies with EU slot regulations.
That court is expected to issue an opinion on 12 February, and a full decision several months later, A4A says.
If the court says the cap is legal, Irish authorities will “immediately and unilaterally limit operations at” Dublin, including by revoking slots held by US airlines, according to the group. “US carriers… will be forced to reduce their transatlantic service while Irish and other European carriers can simply reduce their intra-Europe service while maintaining or even expanding their transatlantic service.”
A4A notes Ireland’s legislation said it intends to outlaw the cap but has not done so yet.
The group urges the DOT to “expeditiously issue an order” warning Ireland about consequences.
Those consequences should include Irish airlines’ authority to serve the USA being ”curtailed or suspended or… subject to other countervailing measures”.
The DOT does not respond to a request for comment.
