Aer Lingus, Ryanair and Airlines for America took High Court action after the Irish Aviation Authority (IAA) set a seat capacity limit of 25.2 million seats for the summer 2025 scheduling season.

The IAA said the cap was necessary to keep Dublin Airport within the 32 million annual passenger cap imposed by An Bord Pleanála in 2007 as a planning condition constraint.

Mr Justice Barry O’Donnell yesterday granted a stay on the implementation of the cap until the court has ruled on a judicial review previously given the go-ahead.

“The potential consequences of a potential breach of the planning conditions does not outweigh the highly probable and very serious adverse consequences of failing to grant a stay in these proceedings,” he said.

In a joint statement, transport minister Eamon Ryan and junior minister James Lawless said: “We welcome the decision of the High Court today granting a partial stay on the Irish Aviation Authority’s decision concerning slots at Dublin Airport for the summer 2024 scheduling season.

“It gives some much-needed clarity at this stage and reflects the desire for progress expressed by the vast majority of stakeholders who have been engaged with on the issue.

“We look forward to working again with all stakeholders in the time ahead, as we work towards a solution that respects the planning process while continuing to promote the air connectivity of Ireland to the world.”

daa chief executive Kenny Jacobs said: “Today’s decision will be welcomed by aviation as it brings clarity and allows all parties to move forward and protects jobs and connectivity which is in everyone’s interest. We are now reviewing the detail of the decision to understand the exact implications for next year.

“The planning cap remains a significant issue for Ireland, and it is essential the planning regime now moves quickly to fully resolve the issue for the long term.

“We’re an island nation dependent on aviation for our prosperity and we need to maintain good connectivity. It is in everyone’s interest that we deliver an uplift to the planning cap quickly, so we don’t find ourselves back in this position in a year’s time.”

Ryanair has said it believes the airport’s annual passenger cap is incompatible with EU rules on freedom of movement.

“The Dublin Airport cap is in breach of EU law and any competent transport minister — not to mention tourism minister, Catherine Martin — would have acted to scrap this outdated and damaging cap,” CEO Michael O’Leary said.

“Today’s High Court ruling clears the way for this matter to be referred to the European courts where Ryanair is confident that this absurd road traffic restriction from 2007 will be removed, which will enable airlines like Ryanair to continue to grow traffic, tourism, and jobs in Ireland, where two Green ministers — Eamon Ryan and Catherine Martin — have failed to act for the last five years.”