A planning condition imposed by An Bord Pleanála when it granted permission for the construction of the second terminal in 2007 required that the combined capacity of the terminals would not exceed 32 million passengers per annum unless otherwise authorised by a further grant of planning permission.

However, Aer Lingus, Ryanair and Airlines for America took proceedings before the High Court after the Irish Aviation Authority (IAA) set a seat capacity limit of 25.2 million seats for the summer 2025 scheduling season, which it said was necessary to keep the airport within the cap.

The High Court referred the case to the Court of Justice of the European Union (CJEU) in December 2024 and granted a stay to the airlines in the interim.

daa, which operates Dublin Airport, submitted an application in December 2023 to raise the passenger cap and for the development of several capacity-enhancing projects, including new piers and aircraft stands, along with a new “integrated transport centre”.

In parallel with daa progressing that planning application, the minister for transport has said he now intends to progress a targeted legislative solution to address the passenger cap.

Speaking after yesterday’s Cabinet meeting, transport minister Darragh O’Brien said: “This government recognises the strategic importance of Dublin Airport as our primary international gateway, and the contribution it makes to our economy.

“Today I sought agreement to pursue a legislative course of action to bring much needed clarity to all stakeholders.

“daa will also progress its planning application for the development of a suite of infrastructure projects at the airport to facilitate growth. I will also be establishing a stakeholder forum to facilitate progress of that application.”

Kenny Jacobs, daa CEO, said last week: “I’m very pleased to see [O’Brien] moving to bring legislative options to Cabinet to remove the 32 million cap that has held back growth and created uncertainty that we, the airlines and the economy don’t need.

“We’ll keep working with stakeholders to progress our planning applications with Fingal County Council as we need to add infrastructure to cope with demand and maintain our excellent standards and we will continue to actively engage with the local community as we need their support.”