Official Journal of the European Union

C series

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C/2025/1744

31.3.2025

(C/2025/1744)

Language of the case: English

Referring court

Parties to the main proceedings

Applicants: daa plc, formerly Dublin Airport Authority plc, Aer Lingus Ltd, Ryanair Designated Activity Company, Air Transport Association of America Inc., trading as Airlines for America, Delta Air Lines, Inc., JetBlue Airways Corporation, United Airlines, Inc., Emerald Airlines Ireland Limited

Defendants: Irish Aviation Authority, Airport Coordination Limited

Questions referred

Can a national competent authority undertaking the exercise of determining the parameters for slot allocation at a coordinated airport under Article 6(1) of Regulation 95/93 (<span class="oj-super oj-note-tag">1</span>) (as amended) take into account development consents granted by the relevant planning authority under the national planning code in respect of that airport which impose conditions providing inter alia that the ‘combined capacity’ of the airport terminals shall not exceed a certain annual limit of passengers, and in respect of which the stated reason for the imposition of the conditions was ‘Having regard to the policies and objectives of the Dublin Airport Local Area Plan and the capacity constraints (transportation) at the eastern campus’? Are such conditions a ‘relevant technical, operational or environmental constraint’ within the meaning of Article 6(1)? Do they form part of the objective analysis of the capacity situation at the airport for the purposes of Article 6(1)?

If the answer to question 1 is yes, does Article 6(1) of Regulation 95/93, and insofar as relevant Articles 16 and 17 of the Charter of Fundamental Rights of the European Union, permit Member States to make a determination of the parameters for slot allocation at a coordinated airport for a particular scheduling period which results in the non-allocation of some series of slots (or certain components thereof) to which air carriers would otherwise be entitled in accordance with the terms of Article 8(2)?

If this arises for consideration strictly as a result of the Court’s answers to questions 1 and 2, does the Slot Regulation prohibit Airport Management Bodies within the meaning of the Slot Regulation from taking unilateral action to close the airport for a period of time, for the purpose of preventing the operation of slots which have been allocated by the Airport Coordinator so as to avoid a breach of an annual limit of passengers of the type mentioned in Question 1?

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Council Regulation (EEC) No. 95/93 of 18 January 1993 on common rules for allocation of slots at Community Airports (OJ 1993, L 14, p. 1; ‘the Slot Regulation’).

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ELI: http://data.europa.eu/eli/C/2025/1744/oj

ISSN 1977-091X (electronic edition)

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