Irish travellers to Spain face flight uncertainty after major EU court ruling

Irish holidaymakers and home-owners heading to Spain could face uncertainty over their future flight options after a major European ruling on Thursday, 15 October. The ruling could reduce the take-off and landing slots that airlines, such as Ryanair and Aer Lingus, have available, though at present no flight is expected to be cancelled as a result.

The Court of Justice of the European Union has ruled that Dublin airport’s annual limit of 32 million passengers must be taken into account when allocating slots to airlines. It also confirmed that carriers do not have an automatic right to keep their old slots.

This question is being asked by the Irish with a home in Spain, and the people who are going to Spain on holiday or have regular visits to Spain. Will it in any way affect their future travel between Ireland and Spain?

Why the EU court ruling could affect flights from Dublin Airport

It’s a dispute about passenger limits imposed in the planning permission for terminals of Dublin Airport, which was granted in 2007 and 2008, in an effort to regulate how many people could pass through them.

Under these conditions the airport was restricted to handling a maximum of 32 million passengers a year, though the demand for flights continued to grow.

According to the Irish Times, the airport has already exceeded that limit, handling about 36.4 million passengers in 2025.

The Irish Aviation Authority, which allocates the slots, has previously sought to impose seasonal restrictions in order to ensure the airport’s compliance with the planning restrictions.

Nevertheless, these decisions were challenged by the operator of the Dublin airport, the Daa, as well as several airlines, leading Ireland’s High Court to seek clarification from the European court.

In its judgment of 15 October the Court held that legally binding passenger restrictions can be taken into account when determining the operational capacity of an airport.

The ruling also addresses so-called historic slots, which normally give airlines priority to retain take-off and landing times they have regularly used in previous seasons.

However, the court confirmed that this priority is not an absolute right. In exceptional circumstances, airlines could lose previously allocated slots if the airport’s available capacity is insufficient.

This could affect the future routes of the aero-liner, especially in the case of those that intend to maintain existing connections or to establish new ones.

This decision, however, does not imply that the aircraft must be immediately cancelled.

What the decision means for Ryanair, Aer Lingus and travellers to Spain

As for travellers flying between Ireland and Spain, they are mainly concerned that the ruling could mean a restriction of the routes that are available, especially during the busy holiday periods.

Ryanair and Aer Lingus have direct connections between Dublin and Spanish tourist centres, and it is to them that the prospect of increased airport facilities is of the greatest interest.

If the limit of passengers continues to restrict the number of available slots, it may prove difficult for the companies to maintain or extend their schedules.

It might well influence future route-plans, though the Court has not ordered the discontinuance of any service.

Ryanair has strongly criticised the passenger cap.In a statement issued after the verdict, the Irish government was called upon to lift the cap, with the airline arguing that the second runway gives the airport enough infrastructure to handle significantly more passengers.

The company contends that the present regulation is out of date and prevents the full use of the airport’s capacity.

However, there is a very important difference between the verdict and the consequences it might have for travellers.

This decision sets out the criteria that are to be taken into consideration in the allocation of air-slots. It does not specify which routes the companies are to operate, or whether flights to Spain should be reduced.

Those who have already booked flights must not expect their flights to be affected.

Could Ireland remove the passenger cap before flights are affected?

Despite this verdict, the future of the passenger limit in Dublin airport remains uncertain. The Irish government has already taken steps towards changing the restriction.

By legislation dated 2026, the Minister for Transport is empowered to change or cancel the ceiling, subject to the relevant legal and environmental procedures.

Minister of Transport Darragh O’Brien announced his intention to increase the capacity of the airport, which would allow up to 40 million passengers to be handled per annum.

RTE reports that significant reductions in air traffic are not expected as a result of the decision, in part because the government has already established a mechanism to modify the cap.

Irish Times also reports that the ruling will not affect plans to allow up to 28 additional daily take-off and landing slots at Dublin Airport for summer 2027.

However, lifting the restrictions or increasing the passenger limit is not a matter of course. The government must, before the change can be made, go through all the usual formalities and must make the necessary studies.

The underlying case will be sent back to Ireland’s High Court, which will be required to give effect to the interpretation made by the European Court of Justice.

For now, travellers planning journeys between Ireland and Spain can continue booking flights as normal.

The longer-term implications will depend on how quickly the Irish government acts, whether the existing passenger cap remains in place and how future airport capacity is allocated.

Although the ruling raises questions about future airline schedules, no reductions in flights between Dublin and Spain have been confirmed as a direct result of the judgment.