AIRLINES FOR AMERICA FILES COMPLAINT OVER PROPOSED PASSENGER RESTRICTION AT DUBLIN INTERNATIONAL AIRPORT
February 9, 2026
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On January 5, 2026, Airlines for America, on behalf of major U.S. air carriers, filed a complaint under the International Air Transportation Fair Competitive Practices Act against Ireland and the European Union, alleging violations of the U.S.-European Union Air Transport Agreement. A4A filed the complaint because the Irish government seeks to restrict the number of passengers at Dublin International Airport (“DUB”) to 32 million passengers per year which would result in U.S. air carriers losing historic slots at DUB. While A4A, along with Aer Lingus and Ryanair, obtained a stay of the passenger cap from the Irish High Court for the time being, major U.S. air carriers requested swift action from DOT to participate in formal consultations with the Irish government and the European Commission so that the passenger cap at DUB can be permanently abandoned. Since the U.S.-EU Agreement provides for a fair and equal opportunity to compete among all carriers and prohibits unilateral restrictions on international air transportation, A4A urges DOT action to enforce Irish compliance and further implores U.S. regulators to consider retaliatory action against certain foreign air carriers to protect U.S. air carrier interests. According to A4A, the loss of historic slots at DUB due to the passenger cap would disproportionately and discriminately impact U.S. air carriers while European counterparts would be largely unaffected.
After the complaint was filed, DOT issued an order on January 9, 2026, which initiated a formal proceeding on the matter. Interested parties were given fourteen (14) calendar days from when DOT instituted the proceeding to file comments in support of or in opposition to the U.S. air carrier position. Air Line Pilots Association, International and Aer Lingus filed supportive comments and recorded their robust opposition to restricting passenger numbers at DUB. The government of Ireland then responded on January 23, 2026, contending that the concerns of U.S. air carriers are disconnected from the factual reality at DUB and that the Irish government does not “cap” passenger numbers at DUB as alleged by A4A. According to Ireland, even if historical slots were withdrawn from U.S. air carriers, such an action would not constitute a violation of the U.S.-EU Agreement because there are other suitable airports within Ireland which could accommodate transatlantic travel. Moreover, even though Irish Prime Minister Michael Martin publicly proclaimed that the cap will be removed, the Irish government continues to indirectly defend the 32 million passenger limit as a “relevant constraint” under the EU Slot Regulation.
All matters and issues raised by commenters must now be considered before DOT can decide whether to proceed with an Order to Show Cause curtailing or suspending the economic authority held by air carriers of Ireland.
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