The 32 million passenger limit for Dublin Airport could affect airline schedules, although no cancellations to Spain have been announced as a result of the judgment.

On 15 October, the Court of Justice of the European Union (CJEU) delivered its judgment, confirming that airlines must consider the airport’s legally binding cap of 32 million passengers a year when determining how many take-off and landing slots they can receive.

However, the decision does not order airlines to cancel services, and the ruling cannot be directly attributed to any reduction in flights between Ireland and Spain.

As reported by RTÉ, the judgment could theoretically result in airlines losing some slots they have previously used, although significant reductions in air traffic are not currently expected.

For passengers, the immediate position remains unchanged. Flights can still be booked as normal, but the longer-term availability of routes could depend on how Ireland resolves the dispute over the airport’s capacity.

Passenger limit

This restriction dates back to planning permissions granted in 2007 and 2008 for Dublin Airport’s terminals, which set annual passenger numbers at 32 million, even as demand for air travel continues to rise.

According to figures cited by The Irish Times, Dublin Airport handled approximately 36.4 million passengers in 2025, exceeding the permitted annual limit.

The Irish Aviation Authority (IAA), which oversees the allocation of airport slots, introduced seasonal restrictions intended to ensure compliance with the cap, while airport operator daa and several airlines challenged those measures, prompting Ireland’s High Court to seek clarification from the European Court.

In its judgment in case C-857/24, the CJEU ruled that courts can consider legal restrictions imposed through planning permissions when determining an airport’s operational capacity.

The judges also clarified that airlines do not have an unconditional right to retain slots simply because they used them regularly in previous seasons (known as historic slots), and their allocation still depends on available capacity.

In exceptional circumstances, the passenger limit could prevent airlines from retaining some previously allocated take-off and landing times.

Airline operators

Both Ryanair and Aer Lingus operate services connecting Dublin with Spanish destinations, making the future allocation of airport capacity relevant to their route planning.

If the passenger cap remains in force, slot restrictions could complicate efforts to maintain existing schedules or introduce additional services, particularly during busy summer periods.

Ryanair has opposed the limit, arguing that Dublin Airport’s infrastructure, including its second runway, should allow it to accommodate more passengers.

The airline has called on the Irish Government to remove the restriction, saying it prevents the airport from using its capacity fully.

Nevertheless, the court did not instruct Ryanair, Aer Lingus or any other carrier to withdraw routes, nor did it identify Spain as a market that should face reductions.

Instead, the outcome establishes the legal framework Irish authorities must follow when deciding how airport slots are allocated.

Restriction change

Ireland has already taken legislative steps towards changing the restriction.

The Dublin Airport (Passenger Capacity) Act 2026 gives Transport Minister Darragh O’Brien the power to amend or revoke the passenger limit, subject to the necessary legal and environmental procedures.

The airport operator, daa, has formally asked the minister to increase the annual allowance to 40 million passengers.

According to The Irish Times, the ruling will not affect the IAA’s decision to make 28 additional daily take-off and landing slots available at Dublin Airport for summer 2027.

The Government has said it wants to address the cap, but the process isn't automatic, as environmental assessments and other legal requirements must be completed before a change can take effect.

This case will also return to Ireland’s High Court, which must apply the European Court’s interpretation of EU law when deciding the outstanding legal challenge.

Travel plans

For Irish residents travelling to Spain on holiday, or those who own homes there and make regular trips, there is currently no reason to assume that an existing booking will be cancelled because of the judgment.

However, the ruling leaves open the possibility that future schedules could be affected if the passenger limit remains in place when airlines allocate slots.

The next steps will depend on the Irish Government’s progress towards changing the cap and on decisions by the aviation authorities about available capacity.

Until those decisions are made, the effect on individual routes remains uncertain.


Set The Portugal News as your preferred source for news on Google

GoogleAdd as a preferred source on Google