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United Airlines aircraft at Dublin Airport.
U.S. airlines have formally asked the U.S. Transportation Department (DOT) to intervene in a long-running dispute over passenger limits at Dublin Airport (DUB), arguing that the continued enforcement of a cap could restrict transatlantic service.
In a complaint filed Jan. 5, trade group Airlines for America (A4A) accused Ireland and the European Union of violating the U.S.-EU Air Transport Agreement and U.S. law by maintaining a local planning condition that caps passenger volumes at Dublin Airport at 32 million annually—a limit first imposed in 2007 tied to the construction of Terminal 2.
The filing, submitted under the International Air Transportation Fair Competitive Practices Act, asks the DOT to take expedited action, including potentially curtailing Irish airlines’ access to the U.S. market if Ireland does not move to lift or suspend the cap. Aer Lingus currently serves 12 destinations in the U.S.
A4A says the cap threatens to trigger the withdrawal of historic airport slots held by U.S. carriers at DUB, reducing or eliminating transatlantic services. The group adds only an ongoing legal stay granted by Ireland’s High Court has so far prevented slot losses after airlines successfully challenged regulatory attempts to enforce seasonal limits tied to the cap.
Among the airlines cited in the complaint are Delta Air Lines, United Airlines and JetBlue Airways, which A4A says will be disproportionately affected if historic slots were withdrawn. JetBlue, which launched its first flights to DUB in 2024, was previously denied requests to expand service because of capacity constraints tied to the passenger cap, according to the filing.
The complaint outlines parallel legal proceedings in Ireland and at the Court of Justice of the European Union, where questions have been referred about whether the passenger cap complies with EU slot allocation rules. An advisory opinion from the court’s advocate general is due Feb. 12, with a final ruling expected later in 2026.
A4A argues that the EU court process does not address U.S. treaty rights and warns that an adverse ruling could allow Ireland to impose unilateral limits on air service. The group says this would violate provisions of the U.S.-EU agreement that guarantee airlines a “fair and equal opportunity to compete” and prohibit unilateral restrictions on traffic volumes.
Currently, DUB is exceeding the 32 million limit, handling around 36 million passengers in 2025, owing in part to High Court stays on enforcement.
The filing also details enforcement action launched by Fingal County Council, the local planning authority, against the airport operator for exceeding the cap. Airport operator daa has previously attempted to raise the limit to 36 million passengers.
Ireland’s government has publicly committed to removing the cap and has progressed draft legislation to increase or abolish the restriction, but no bill has yet become law. A4A says delays could force service reductions as early as the winter 2026-27 season if enforcement proceeds.
The complaint asks the DOT to call a special meeting under the U.S.-EU air services agreement and to issue a show-cause order unless Ireland introduces emergency legislation to suspend or remove the cap by early February.
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