On 24th October 2019, the Commission for Aviation Regulation (CAR) published its Determination on the Maximum Level of 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).”
The Department wishes to draw the attention of interested parties to the right of appeal and the impending closing date. Relevant parties1 who wish to appeal the Commission’s determination must submit their request seeking the establishment of the appeal panel in writing by 5pm on Friday, 24th January 2020. 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 the Minister for Transport, Tourism and Sport at the following address:
Department of Transport, Tourism and Sport, Leeson Lane. D02TR60
Envelopes should be clearly marked: “Airport Charges Appeal”.
Or by Email to Minister@dttas.gov.ie subject line “Airport Charges Appeal”
Any requests received after the aforementioned time and date will not be considered.
1 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 the Dublin Airport Authority (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.