Decision of the Aviation Appeals Panel 2021

(10 Aug 2021)

The Commission has today, 10 August 2021, published the Decision of the Aviation Appeal Panel 2021. The Appeal Panel was established by the Minister for Transport on the 28 April 2021 to consider appeals by Aer Lingus, Dublin Airport and Ryanair against the 2020 Interim Review of the 2019 Determination on the Maximum level of Airport Charges at Dublin Airport.

The main points of appeal concerned:

  • The change to the price cap in 2020 and the result of this decision that airlines were no longer due a rebate from Dublin Airport.
  • The 2021 price cap of €7.50
  • The removal of triggers and adjustments from the price cap in 2021
  • The remuneration of Terminal 2 box 2
  • The decision to suspend the clawback mechanism for capital expenditure
  • The implementation of a consultation procedure for all capex projects over €4m

The Panel stated that “having considered carefully the issues raised in each of the three appeals, the Panel did not find that the grounds of appeal raised by any of the appellants gave rise to sufficient grounds to refer CAR’s Decision back for review.”

The Decision of the Appeal Panel can be found here.

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