Closing date for appeal - Commission for Aviation Regulation’s Interim Review of the 2019 Determination on Airport Charges at Dublin Airport

Notification of impending closing date for Appeal in relation to the Commission for Aviation Regulation’s Interim Review of the 2019 Determination on Airport Charges at Dublin Airport under the Aviation Regulation Act, 2001 (as amended).

On 22 December 2020, the Commission for Aviation Regulation (CAR) published its Decision on the Interim Review of the 2019 Determination on Airport Charges at Dublin Airport, in accordance with Section 32 of the Aviation Regulation Act, 2001 as amended (“the Act”).

Section 40 subsection (2) of the Act, as amended, provides that:

“(2) The Minister shall, upon a request in writing from a person to whom this section applies who is aggrieved by a determination under section 32(2) or 35(2), establish a panel (“appeal panel”) to consider an appeal by that person against the determination.

2(A) A request under subsection (2) shall be made promptly but not later than 3 months after publication of notice of the determination to which it relates.

(2B) Notwithstanding subsection (2 , the Minister may, where he or she has considered a request under that subsection and is of the opinion that the request is vexatious, frivolous or without substance, refuse to establish an appeal panel to consider the appeal. A refusal by the Minister to establish the appeal panel shall be in writing and state the reasons for the refusal.

(2C) The Minister may establish an appeal panel to consider one or more requests under subsection (2).”

Closing date

The Department wishes to draw the attention of interested parties to the right of appeal and the impending closing date. Relevant parties who wish to appeal the Commission’s determination must submit their request seeking the establishment of the appeal panel in writing by Monday, 22 March 2021. Any requests received after the aforementioned date will not be considered.

With a view to facilitating the efficient consideration of appeals by an Appeal Panel, it is desirable that appeal requests set out the full basis for the appeal. Requests should be sent to Minister of State Naughton by email to ministernaughton@transport.gov.ie subject line “Airport Charges Appeal” or by post, in an envelope clearly marked “Airport Charges Appeal” to the following address: Minister of State Naughton, Department of Transport, Leeson Lane, D02TR60.

Applicants should note that Section 40(1) of the Act, as amended, specifies the categories of persons who are entitled to submit an appeal. In the current case, these are essentially daa (as the relevant airport authority) and users defined as any person:

(a) for whom any services or facilities the subject of airport charges are provided at Dublin Airport,

(b) using any of the services for the carriage by air of passengers or cargo provided at Dublin Airport, or

(c) otherwise providing goods or services at Dublin Airport.