Airlines join court challenge to council's nighttime flights enforcement notice

Ryanair and Aer Lingus join Dublin Airport Authority in challenge to notice from Fingal County Council directing the operator of Dublin airport to restrict nighttime flights to a maximum of 65 per night

On Monday, the court heard the council stands over the validity of its enforcement notice, which was issued in August following a four-month investigation. Picture: Colin Keegan, Collins 

Ryanair and Aer Lingus will participate in a High Court challenge to a notice directing the operator of Dublin airport to restrict nighttime flights to a maximum of 65 per night.

Last August, the Dublin Airport Authority (Daa) secured a court order pausing the effect of Fingal County Council’s enforcement notice, which was issued on grounds that the number of flights scheduled by the airport exceeds the terms of a planning condition regarding runway operations between 11pm and 7am.

The airport operator warned it could be forced to cancel thousands of flights.

On Monday, the court heard the council stands over the validity of its enforcement notice, which was issued in August following a four-month investigation. 

However, it has not sought to lift the High Court’s stay on its effects. The order remains in place while the dispute over its legitimacy is ongoing.

There was no objection to Ryanair and Aer Lingus joining the case as affected notice parties. The two airlines argued their interests are directly affected by the enforcement notice. 

The Irish Aviation Authority, which is the body charged with coordinating aircraft movement slots, was previously added as a notice party.

The Daa's senior barrister, Fintan Valentine, said it seemed both his client and Fingal County Council want the court to determine the issues between them.

Conleth Bradley SC, for the council, said his client had filed papers opposing the case. The DAA’s judicial review was “misconceived”, as it had challenged the enforcement notice but not the decision to issue it, he added.

Mr Justice Richard Humphreys gave permission for the parties to file amended legal documents in the case, which will return to court next week.

In its action against the council, the Daa claims the enforcement notice is unreasoned, vague and has no legal effect.

The authority said it does not know what steps it must take to comply with the notice, and thousands of passengers could be affected.

The notice fails to consider the role of the Irish Aviation Authority, the Daa alleges.

It also restricts the operation of an airport in the European Union which, the Daa says, is contrary to EU regulations and disregards obligations under the 2007 Air Traffic Agreement between the EU and the United States.