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A European Union court is due to rule on the future of the 32 million passenger limit at Dublin Airport next month.
The Court of Justice of the European Union is expected to issue its decision on October 15, following a legal challenge brought by Aer Lingus, Ryanair and a number of US airlines.
The airlines challenged a decision by the Irish Aviation Authority to take the 32 million passenger limit into account when allocating take-off and landing slots at Dublin Airport.
The cap has not been enforced while the case has been going through the courts. Dublin Airport handled 36.4 million passengers in 2025, well above the 32 million limit, and passenger numbers are expected to rise again this year.
An opinion from an EU advocate general in February found that the Irish Aviation Authority was correct to take the cap into account when allocating slots. While such opinions are not legally binding, they are often followed by the EU court.
However, the situation has changed since then, with new legislation giving Transport Minister Darragh O'Brien the power to increase or remove the Dublin Airport passenger cap.
Dublin Airport operator DAA has now formally asked the Minister to increase the limit from 32 million to 40 million passengers a year. No decision has yet been made.
Meanwhile, the Irish Aviation Authority has proposed increasing the number of slots available at Dublin Airport for summer 2027. Its draft decision does not take the 32 million passenger cap into account, which could allow passenger numbers to increase further next year.
The current limit dates back to 2007, when planning authorities imposed a 32 million passenger limit on Dublin Airport's two terminals. At the time, it was believed that further expansion would eventually require a third terminal.
However, improvements to how the existing terminals operate have allowed Dublin Airport to handle significantly more than 32 million passengers.
The EU court's decision will now provide another piece of the puzzle, as the Government considers whether to increase the cap to allow Dublin Airport to continue expanding.