DOT ONCE AGAIN DELAYS ACTION IN DUBLIN PASSENGER CAP DISPUTE
June 11, 2026
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On May 6, 2026, DOT issued Order 2026-5-4 in which U.S. regulators further delayed acting in a long running dispute over the passenger cap at Dublin International Airport (“DUB”) even though Airlines for America continues to advocate for strict compliance with the U.S.-EU Air Transport Agreement to protect U.S. air carrier access to key slots at DUB. Despite the slow pace at which negotiations have taken place, DOT confirmed that intergovernmental discussions between the United States and the Republic of Ireland are proceeding such that a resolution to the contested passenger cap at DUB could be announced shortly. Aer Lingus and other European air carriers maintain that the passenger cap does not pose an imminent risk of harm to U.S. air carriers and therefore DOT should decline to take any retaliatory measures as intergovernmental negotiations continue. Some European air carriers, including low-cost Ryanair, are nevertheless pressuring the Irish government to remove the passenger cap without further delay to mitigate tension on the U.S.-EU aeropolitical relationship. If DOT were to act, most European air carriers urge U.S. regulators to deny A4A’s pending complaint filed under the International Air Transportation Fair Competitive Practices Act because the passenger cap should be addressed through the judicial and legislative processes in Ireland rather than by retaliating against foreign air carriers at the expense of international passengers.
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