Green MEP Lena Schilling has asked the European Commission to investigate whether third-country industry groups are lobbying to pre-empt a pending Court of Justice of the European Union (CJEU) judgment on airport capacity, in a written question submitted on 22 April 2026. Schilling specifically points to Airlines for America, which she says has publicly urged the US government to pressure Ireland into enacting the Dublin Airport (Passenger Capacity) Bill 2026 before the CJEU can rule in Case C-857/24. The case concerns the use of passenger caps as operational constraints under the Slot Regulation; the Advocate General's opinion of 12 February 2026 supported such caps.
Schilling's question targets the compatibility of the Irish bill with EU environmental law. She notes that the Commission's Directorate-General for the Environment has already registered complaint CPLT(2026)00881, alleging that the bill would permanently remove environmental constraints at Dublin Airport without the environmental impact assessment required by Directive 2011/92/EU and without the Balanced Approach assessment required by Regulation (EU) No 598/2014. The Commission's own Decision C(2026)0919 found Ireland non-compliant with the latter regulation.
Concrete asks and policy orientation
first, whether the Commission is aware of third-country lobbying to pre-empt a pending CJEU judgment; second, whether it intends to assess the Dublin bill's compatibility with EU environmental law before enactment; and third, what steps it will take on the registered complaint. Schilling's line implies that the bill would weaken environmental protections and that the Commission should act to uphold EU law, reflecting a cleavage between environmental protection and aviation industry interests.
Expected follow-up Under Rule 144, the Commission must reply within approximately six weeks. Its answer will signal whether it views the lobbying as a concern and whether it plans to intervene to block or amend the Irish bill before the CJEU rules. The reply will also clarify the Commission's stance on the complaint and its willingness to enforce environmental impact assessment requirements against a member state.
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