The Dublin Airport passenger cap saga is set to drag on for another year at least, with the High Court poised to refer a legal challenge brought by airlines to Europe, writes Helen Bruce.

Judge Barry O’Donnell said there is no way for the multiple cases before him to be determined without clarity on points of European law – something which could take at least 16 months.

A 32 million passenger limit was imposed by An Bord Pleanála when it approved Terminal Two in 2007.

The Dublin Airport Authority, which operates the airport, confirmed yesterday that it expects to breach that cap this year.

Its chief executive, Kenny Jacobs, told Newstalk radio that he expects Dublin to handle slightly over 33 million passengers in 2024.

The DAA’s latest figures show that almost 2.3 million passengers used Dublin Airport last month, making it the busiest November ever in its 84-year history.

The busiest day of the month was Friday, November 1, when 100,000 passengers went through the airport’s two terminals.

A total of 30.97 million passengers have passed through the doors of the airport so far in 2024, an increase of 5% on the same time in 2023.

Mr Jacobs said the airport has the capacity to handle 40 million passengers.

Aer Lingus, Ryanair and a group of American airlines have taken High Court challenges to the bid by the industry regulator, the Irish Aviation Authority (IAA), to reduce flights next summer to bring it into line with the cap.

Last month they won a stay on any attempt by the IAA to cut the number of slots they were allocated for their planes at Dublin Airport for the summer months, pending the full resolution of the case.

Judge O’Donnell is now expected to ask the Court of Justice of the European Union a number of questions regarding whether the EU’s slot regulation allows or requires the IAA to take into account a planning authority-imposed annual passenger cap when assessing Dublin Airport’s capacity.

Following submissions from the airlines in court yesterday, he said he would give the final wording of those questions within a matter of days.

Barrister Eoin McCullough, for the IAA, warned that the European court’s ruling may not come until after the summer 2025 period has passed.

He said the parties may need to return to court to discuss what course of action the IAA should take when considering slot allocation for winter 2025.

Mr Jacobs told Newstalk: “I am pretty clear that Europe will say European slots regulation takes precedence over domestic planning, and the international treaty between the US and Europe on Open Skies takes precedence as well.”

The DAA has a separate case pending against Fingal County Council, in which it is seeking to raise the annual cap from 32 million to 40 million passengers.

That is next due for mention before the High Court in February.

A DAA spokesman said the likely breach of the passenger cap this winter will not affect flights already planned for this season.

“Airlines apply for slots and slots are assigned to airlines which they can use.

“We can’t take those slots away, so those flights will go ahead,” he confirmed.

He said efforts by the DAA to “dampen down” demand included putting a hold on conversations with airlines about new routes in and out of Dublin, including potential direct flights to South Africa and Asia.

It also included the DAA cutting its usual incentives to airlines to come into Dublin, such as reduced charges to make the airport more attractive.

Mr Jacobs has said that several airlines, including Aer Lingus, Ryanair, and carriers from the US and the Middle East, are planning to increase their capacity at Dublin next summer, while the stay on the passenger cap is in place.