The Dublin Airport Authority (DAA) has been authorised by the High Court to challenge a decision that they believe will breach the annual 32 million passenger limit at the airport. The Irish Aviation Authority (IAA), the body that supervises air safety in the country, is the party against whom the jurisdiction has been granted, as sanctioned by Justice Niamh Hyland. This decision was reached on an ex parte basis, which means that only one side was represented in the application.
The DAA argues that a decision taken by the IAA on May 7th, connected to the allowable runway and terminal usage limits for the forthcoming winter season, breaks the capacity limits set by planning permissions for the airport. These permissions state that passenger numbers must not exceed 32 million annually. The DAA also suggested that the decision may violate EU rules.
In asking for an official review of the IAA’s determination, the DAA is requesting either dismission of these wintertime limits or to reconsider the May 7th action. They also plead for the establishment of temporary boundaries or other measures to prevent breaching of the planning permissions.
To prevent exceeding the 32 million limit in 2024, the DAA expressed to the IAA that passenger growth would need to be paused. However, the IAA responded that they have no authority in specifying the appropriate steps to ensure compliance with the 32 million annual passenger cap. The IAA stated it has no onus to enforce or comply with the cap, or to interpret the planning conditions implemented on the DAA.
DAA’s representation, Brian Kennedy SC and Fintan Valentine SC, pushed for an immediate hearing as the winter limitations were expected to take effect on October 27th. The proceedings were initiated after several discussions with the IAA over recent weeks.
Justice Hyland asserted that the DAA met the minimum requirements needed for a judicial review and recognized the urgent nature of the situation. She provided guidance on the subsequent steps, which include the commencement of procedures on the IAA and providing notifications to involved parties.
This text was provided for rephrasing in British English, ensure it is not a translation task.
The original text is: /”Mr Kennedy stated that Aer Lingus and Ryanair, being the top two airlines operating at the airport, have become notice parties. This includes the third largest, regional airline, Emerald Airlines Ireland Ltd. A British firm, Airport Coordination Ltd, that arranges slots following the establishment of set parameters, has also been made a notice party. The judge noted that the case may be brought back to court by month end.”
Now, here is the reworded version: “Mr Kennedy declared that Aer Lingus and Ryanair have been recognised as notice parties at the airport due to being the dominant airlines. Joining them is Emerald Airlines Ireland Ltd, the third-largest regional airline. In addition, a UK-based company, Airport Coordination Ltd, which apportions slots after set guidelines have been determined, is also classified as a notice party. According to the adjudicator, the case might be reassessed in court towards the end of the month.”