Moreover, the European court ruled that so-called "grandfathered slots", which give airlines priority in respect of routes they operated in previous seasons, do not amount to an absolute right and can be restricted in exceptional cases where there is insufficient infrastructure capacity.

The statement issued by the CJEU comes in response to appeals being made by the airport operator, DAA, and by airlines including Ryanair and Aer Lingus, since an excess of traffic was noted in 2025—a year when the airport processed 36.4 million passengers. While the ruling does not require the cancellation of scheduled flights or impact the current bookings for connections between Ireland and Spanish tourist destinations, it does lead to uncertainty regarding whether or not airlines will increase or keep their flight frequencies during the peak seasons.

In reply, Ryanair has asked the Irish government to get rid of the passenger limit, on the grounds that the airport's second runway has enough infrastructure to handle the demand. The Irish Department of Transport, on the other hand, has stated that a legal framework already exists—with a target date of 2026—by which the operational limit can be reviewed or increased to 40 million passengers per year, provided that the relevant environmental studies are carried out. The plan also involves allocating up to 28 new daily slots at Dublin Airport by summer 2027. The issue is now being referred back to the High Court of Ireland for the application of the European interpretation.

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