THE IRISH AVIATION Authority has set a limit of 25.2 million seats at Dublin Airport next summer, around a million fewer than this year, in order to ensure it does not exceed the legal capacity.  

The decision has been criticised by Ryanair CEO Michael O’Leary, who has deemed it “unlawful”. 

The IAA is responsible for identifying and determining the capacity at Dublin Airport and setting the consequent parameters for slot allocation.

This includes a passenger cap of 32 million, as set out in the 2007 planning conditions for the development of Terminal 2 at Dublin Airport.

The Dublin Airport authority and a number of airlines have called for the cap to be lifted. Daa has applied to Fingal County Council to increase the cap 40 million passengers as part of a broader infrastructure application.

Last month, the IAA proposed issuing a seat limit of 25.2 million for the Summer 2025 scheduling season. Following a period of consultation, it has now confirmed it is going ahead with these plans.

“To take account of the capacity constraint represented by the planning condition set by An Bord Pleanála, the IAA has set a seat capacity limit of 25.2 million seats for the Summer 2025 scheduling season,” it said in a statement.

The decision will result in a total seat capacity of 39.6 million across the two seasons. The seat cap is greater than the passenger cap as it takes account of expected load factors.

It is the second scheduling season to take account of the 32 million passenger cap. A cap of 14.4 million is in place from 26 October this year until 29 March next year.

“The IAA anticipates that the demand for slots for the Summer 2025 scheduling season will significantly exceed the 25.2m seat cap,” the statement continued.

“In line with the Slot Regulation, air carriers who have operated series of slots (5 weeks or longer) in the Summer 2024 season will be given priority, on initial coordination, in relation to those series for Summer 2025.

“However, the IAA anticipates that not all slot series from Summer 2024 will be capable of being accommodated within the seat cap.”

The IAA also said it anticipates that there will be very little, if any, available capacity for new slot requests, or for ad hoc slot requests, for passenger flights using the capacity of Terminal 1 or Terminal 2 next summer.

“Such an outcome, and its implications for airlines, Dublin Airport and the travelling public are a consequence of the An Bord Pleanála planning condition itself.

“The role of the IAA does not encompass any powers to amend or revoke planning conditions or make any decision to enforce or not enforce conditions. These are all matters to be determined by the planning authorities, such as Fingal County Council.”

Daa welcomes decision

In a statement, the Daa welcomed the decision. It said it is reviewing it and awaiting the “detailed supporting document”, which is due to be published later this week.

It said that while the decision to cap seats next summer is bad for Irish jobs, the economy and connectivity, it should “help Dublin Airport comply with planning in 2025″.

“Had the IAA not made this decision as slots regulator, daa would continue to be left holding the problem of trying to comply with planning laws but without a solution in its power,” it said.

“While Dublin Airport wants to grow, cutting the seats coming to Dublin is the only way to meet the planning condition. Therefore today’s decision is welcomed by daa.”

It also said it has asked the High Court to review the IAA’s winter slot decision to avoid Dublin Airport exceeding the 32 million cap this year. The case will be heard on 3 December. 

Daa CEO Kenny Jacobs said the decision “has real financial consequences for Ireland”.

“We estimate the damage to the economy to be at least €500 million, increasing to €700 million if we consider lost airfares too,” he said.

“There are also real consequences for airlines, people working at the airport and the travelling public, as well as knock-on impacts on tourism and jobs. This issue is no longer just an airport or a planning issue, it is now an Ireland issue.”

Separately, Ryanair has claimed the decision is “unlawful” and condemned the “inaction” of the Minister for Transport and Minister for Tourism over the passenger cap. 

“Today’s ruling by the IAA is unlawful. The Dublin Airport cap is in breach of the EU right to freedom of movement, and is also in breach of the EU/US Open Skies Agreement,” Michael O’Leary said.

“We have no doubt that this absurd 17 year old restriction (which was solely deigned to allay road traffic “concerns” which no longer exist) will be thrown out by the European Courts.”