Michael O'Leary has called on the Taoiseach to scrap the passenger cap after Fingal County Council issued an enforcement notice for exceeding the permitted annual cap of 32 million passengers.

This limit was set as part of planning conditions attached to the development of Terminal 2 and the expansion of Terminal 1, granted by An Bord Pleanála in 2008.

Following complaints about breaches in 2023 and 2024, the council’s Planning Enforcement Unit launched a formal investigation and issued a warning letter to daa.

While acknowledging the operational pressures faced by the airport, Fingal County Council stated that the information provided by daa was not sufficient to halt enforcement proceedings.

As a result, daa has been given a two-year window to comply with the original planning conditions.

Responding to the order, Ryanair boss O'Leary said: "It is absurd that Fingal Co Co are issuing planning enforcement notices when the illegal Dublin Airport Cap has been referred to the European Court of Justice.

"This illegal 2007 planning restriction is in breach of European rules on Freedom of Movement and is also in breach of the EU-US Open Skies Agreement.

"We are confident that the European Courts will outlaw this idiotic 18-year-old cap, but today’s Fingal enforcement notice proves conclusively that a Local County Council cannot be left in charge of national transport infrastructure. 

"The Dublin Airport Cap featured prominently in last Nov’s General Election.

"The new Govt in Jan published its Programme promising to scrap the Dublin Airport Cap, yet 6 months later, we have seen no action and no legislation. 

"The time for delay and dither is over. We now call on Taoiseach, Micheál Martin, and Transport Minister, Darragh O’Brien, to implement their Govt Programme and abolish this idiotic and illegal traffic cap at Dublin Airport.”