DAA boss Kenny Jacobs says High Court decision could see new route to Brazil next year
The prediction follows a High Court decision on Monday that saw a stay granted against a decision by the Irish Aviation Authority (IAA) to restrict the number of takeoff and landing slots that would be available at Dublin Airport for the 2025 summer season. The IAA made the decision in order to ensure that the airport doesn’t breach its 32 million annual passenger cap.
It’s likely that if a stay is granted next month against a decision by the IAA to limit the number of seats available at Dublin Airport for the current winter period, that airlines will once again be able to operate so-called ad hoc flights, such as those laid on for rugby clashes and winter ski holidays, according to Mr Jacobs.
Mr Jacobs also told the Irish Independent on Tuesday that Dublin Airport could potentially see its first route to South America – likely Brazil – in operation by next summer. A service to San Diego, extra services to Seattle and other US cities are also possible future developments, he added.
The DAA has been pursuing links with South America and India, with interest among carriers from those regions in connecting to Dublin still strong, according to Mr Jacobs.
“For South America, you would need to have a bilateral agreement in place between Brazil and Ireland to be able to operate that route, but we’ve already started that conversation with the Department of Foreign Affairs,” said Mr Jacobs.
He added: “I’ve met South American carriers in the past month who are very keen to file for slots at Dublin and I would be surprised if after yesterday’s decision that they’re not thinking about filing for slots for next year.”
There are close to 60,000 Brazilians living in Ireland.
The passenger cap at Dublin Airport was introduced in 2007 as a planning condition attached to the construction of Dublin Airport’s Terminal 2.
The IAA planned to limit the number of passengers that could use Dublin Airport during next year’s summer season to 25.2 million. That would be one million fewer than in the 2024 summer period.
But with the stay having been granted preventing the IAA from imposing slot restrictions for summer 2025, Dublin Airport should see “modest growth” in passenger numbers, Mr Jacobs said.
“We don’t have to take a million passengers out,” he said. “Modest growth is possible next year, depending on what slots the airlines file for. We could comfortably handle 36 million passengers next year. I don’t know will they [the airlines] file for slots up to that number, but I can see close to a million passengers being added next year, rather than being taken out next year, based on yesterday’s decision.”
The High Court decision to grant the stay is effectively a temporary stop. A full hearing still has to proceed, but the whole issue is first likely to be shipped off to the European Court of Justice in Luxembourg for a ruling. It could take many months before the ECJ issues any determination.
A High Court hearing on the IAA’s decision regarding winter slot restrictions at Dublin Airport is due to be heard on December 3. It’s difficult to see following this week’s ruling how the High Court can arrive at any other decision but to also grant a stay on that IAA decision.
“I’ll never wager bets on legal judgments, but I guess most betting people would expect what was decided yesterday to keep rolling on,” said Mr Jacobs.
While it’s too late for airlines to really adjust winter schedules, a stay on the winter capacity decision could pave the way for ad hoc flights to return, he confirmed.
“I think the charter guys will be looking at ski holidays, charters for the Six Nations next year,” he added. “I think all those charter operators – as will Ryanair and Aer Lingus – be looking at possibilities.”
But with the airport now set to exceed its 32 million passenger cap and handle close to 33 million passengers this year, Mr Jacobs said he expects Fingal County Council – in whose administrative area the airport is located – could be forced to make some sort of move once that happens.
He said the Council has not yet indicated to the DAA if it will take action and pursue a fresh enforcement action when the breach is confirmed.
“Hypothetically, if we do get some sort of notification in the New Year, I would be comfortable that we can demonstrate that we don’t control the slots process and that we have taken at least 750,000 passengers out of the mix,” he said. “That’s a very strong defence that we have done everything we can to comply with the planning condition, if we do get an enforcement notice in the New Year.”
Next week, the DAA will submit additional information for a planning application related to a capital investment plan that includes boosting passenger numbers to 40 million. Early next year, it hopes to submit a standalone planning application that does not involve any capital projects, to increase the passenger cap to 36 million a year.
