The U.S. Department of Transportation has given the Irish government until June 5th to resolve a dispute over a proposed flight cap at Dublin Airport or face potential retaliatory action after airlines complained that the environmental measures would breach an Open Skies agreement between the United States and Europe.
A powerful lobby group representing some of the biggest airlines in the U.S., including the likes of American Airlines, Delta, United, Alaska Airlines, and JetBlue, filed a formal complaint with the DOT in January over proposals to artificially restrict capacity at Dublin Airport to just 32 million passengers per year.
The lobby group, Airlines 4 America, argues that this capacity cap will have a negative impact on its members because the airport operator and slot coordinator will have to strip U.S. airlines of takeoff and landing rights at Dublin Airport in order to comply with the cap.
The capacity cap was due to come into force for the Summer 2025 flying season, but Airlines 4 America, along with Irish airlines Aer Lingus and Ryanair, sought legal action in the Irish High Court.
That legal action is still ongoing, but in the interim, a legal injunction has been secured allowing airlines to continue to use their long-held slots at Dublin Airport.
The Irish government could have changed the law to stop the imposition of a capacity cap at the nation’s main hub airport, but a local council has chosen to fight its position in court. Airlines 4 America argues that if the local leaders prevail, it will put Ireland in breach of the U.S. -Eu Open Skies Agreement.
“While our members respect Ireland’s sovereignty, and the decisions made by its local planning authorities, it remains the responsibility of the Irish government to adhere to the terms of international treaties to which Ireland is a party,” A4A wrote in its January complaint.
Following “significant engagement” with Dublin by A4A, Irish lawmakers have suggested that they would change the law to lift the capacity cap, but the government “has made minimal to no progress” in doing so.
Should the Irish government continue to drag its heels or permit the capacity cap to remain in force in the long term, A4A wants the U.S. government to take retaliatory action by banning Irish-registered airlines from flying to the United States.
Such a ban would apply to the nation’s flag carrier Aer Lingus, which currently flies to 16 cities across the U.S.
Under the International Air Transportation Fair Competitive Practices Act, the Department of Transportation normally has to make a determination within a very narrow time frame, although it does have the limited ability to extend this time frame.
The DOT has already extended the action deadline on two occasions, and on Thursday, it further extended the deadline for the final time through to June 5.
Explaining its decision, the DOT’s Director of the Office of International Aviation, Benjamin Taylor, said: “Intergovernmental discussions to resolve the matter and other significant related activities have occurred, including several letter exchanges, and those efforts are continuing.”
