EU court says airlines may lose historic slots if legal capacity limits apply
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The European Court of Justice ruled on 15 October that airlines can lose historic slots when airport capacity is limited by mandatory legal restrictions. The decision stemmed from a dispute over Dublin Airport, where 2007‑2008 urban planning permits capped annual passengers at 32 million and authorities imposed seasonal limits to stay below that ceiling.
The court said slot allocation must reflect actual available capacity and consider operational, technical, environmental and legal limits, and historic‑slot priority does not guarantee renewal when capacity is insufficient. The ruling is relevant for Madrid‑Barajas and Barcelona‑El Prat, where Aena’s 2027 plan will redistribute new slot requests without altering existing historic slots.