A challenge to the passenger cap at Dublin Airport is being referred to the Court of Justice of the European Union.

A number of airlines are challenging the Irish Aviation Authority's imposition of a limit on passengers travelling through the airport for the winter and summer.

This challenge had been brought to the High Court in Dublin by a number of airlines, including Aer Lingus, Ryanair, JetBlue and Delta.

The airlines repeatedly voiced opposition to passenger caps at the Airport, warning they will have to cut back on flights to and from Dublin.

Ruling

Today, Mr Justice Barry O'Donnell ruled the matter should be referred to the Court of Justice of the European Union.

He said it was appropriate because EU laws are central to the matter and there is a lack of authoritative guidance on their interpretation and application.

An urgent freeze on the IAA's decision in relation to the summer season next year was granted last month.

Separately, the daa has applied to Fingal County Council to have the passenger cap at Dublin Airport raised from 32 to 40 million passengers a year.

Ryanair

Ryanair boss Michael O'Leary has welcomed the decision.

He has described the Dublin Airport cap as "idiotic and harmful" and claimed the referral wouldn't be necessary if Transport Minister Eamon Ryan had "done his job".

Passengers wait in the terminal at Dublin Aiport with a Ryanair flight outside. Image: Alamy