On 15 October, the Court of Justice of the European Union (CJEU) ruled that airlines must consider Dublin Airport’s annual limit of 32 million passengers when allocating take-off and landing slots.

This decision could affect services to destinations across Europe, although no cancellations on Portuguese routes have been announced as a result.

As reported by RTÉ, the ruling means airlines cannot automatically expect to retain slots they used in previous seasons if airport capacity restrictions prevent their reallocation.

Travel market

Portugal is a popular destination for the Irish, with connections between Ireland and Portuguese cities and holiday hotspots forming part of the travel market.

Any future reduction in available slots at Dublin Airport could complicate airlines’ efforts to maintain existing schedules or introduce additional services.

However, the judgment does not specifically target flights to Portugal, nor does it require airlines to withdraw any routes.

Its implications will depend on how Irish aviation authorities apply the ruling and whether the passenger limit remains in place.

For now, passengers can continue booking flights as normal, with no immediate change to existing travel arrangements arising directly from the court decision.

Operational capacity

The 32 million passenger limit was introduced through planning permissions granted in 2007 and 2008.

In 2025, Dublin Airport handled approximately 36.4 million passengers, exceeding the permitted annual figure.

According to the CJEU, courts can consider legal restrictions imposed through planning permissions when determining an airport’s operational capacity, clarifying that airlines do not have an unconditional right to retain historic slots, even if they have used them regularly.

In exceptional circumstances, airlines could lose some previously allocated slots, particularly affecting flight schedules during busy travel periods.

Legislation reform

Ireland has already introduced legislation that gives Transport Minister Darragh O’Brien the power to amend or revoke the passenger limit, subject to required legal and environmental procedures.

As reported by The Irish Times, Dublin Airport operator daa has requested an increase in the annual allowance to 40 million passengers.

The court ruling will not affect the decision to make 28 additional daily take-off and landing slots available at the airport for summer 2027.

Furthermore, this case will return to Ireland’s High Court, while the Government continues to consider changes to the restriction.

For Irish residents planning holidays in Portugal or travelling to second homes, the immediate advice is to monitor airline announcements rather than assume flights will be cancelled.

The long-term impact on Portuguese routes remains uncertain until decisions on Dublin Airport’s capacity and future slot allocations are finalised.

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