Dublin Airport. Photo: Shutterstock The Court of Justice of the European Union ruled today (Thursday, October 15) that an annual limit on the number of passengers at an airport can be taken into account when determining the slots allocated to airlines. In exceptional cases, the decision could result in companies losing slots they held in previous seasons.
The ruling was made in case C-857/24, which concerns Dublin Airport, which is facing capacity constraints.
The development permits granted for the airport terminals in 2007 and 2008 set a ceiling of 32 million passengers per year. In 2024, the airport operator's forecasts warned that the ceiling could be reached or exceeded, and as a result, the Irish Aviation Authority set seasonal limits on the number of passengers on flights to and from the airport. The airport operator and airlines appealed the decisions.
The court clarified that slot allocation parameters must reflect actual available capacity, including binding legal restrictions. If the passenger limit restricts legal activity at the airport, it must be taken into account, even if it was set many years ago.
According to the ruling, airlines that have enjoyed regular use of slots are entitled, under certain conditions, to priority in allocation for the following corresponding season. However, this priority does not guarantee their automatic renewal, as the allocation depends on available capacity.
The court also ruled that slots are temporary allocations that do not constitute a protected property right under the Charter of Fundamental Rights of the European Union.
The High Court in Ireland must now decide appeals concerning decisions made in Dublin, in accordance with the interpretation of European law