Ryanair has applied for a High Court judicial review of Dublin Airport’s new night-time flight restrictions, with CEO Michael O’Leary condemning the limits as “unlawful planning stupidity” that will damage Irish aviation connectivity.

The legal challenge targets An Coimisiún Pleanála’s July decision establishing an annual cap of 35,672 aircraft movements between 11pm and 7am – averaging 98 flights per night. The planning authority also implemented a noise quota system and banned use of the new north runway between midnight and 6am except in exceptional circumstances.
O’Leary launched a scathing attack on Transport Minister Darragh O’Brien, accusing him of “sitting on his hands ‘pondering his options’ during nine months of useless inactivity” while the aviation sector awaits resolution of Dublin Airport’s capacity constraints.
The Ryanair chief argued the night flight cap represents an illegal second restriction alongside the existing 32 million annual passenger limit imposed in 2007. He claimed both caps violate EU freedom of movement principles and the EU-US open skies agreement.
“These two artificial caps at Dublin Airport are unlawful,” O’Leary stated, warning the restrictions will “strangle transatlantic traffic, damage growth and short-haul connectivity at Ireland’s main gateway airport.”
The airline contends the blanket approach fails to recognize technological advances in newer aircraft that reduce CO2 emissions and noise while carrying more passengers. O’Leary specifically criticized limitations on early morning arrivals between 5am and 7am when most transatlantic flights land in Dublin.
The judicial review application intensifies pressure on the government, which promised in its January 2025 programme to scrap the original passenger cap “as soon as possible” but has yet to take action.
Ryanair expressed confidence the courts will overturn what it describes as the planning authority’s “blunt” approach to airport capacity management.