The McEvaddy brothers, who want to build a new terminal on the west side of Dublin airport, are to reactivate an EU complaint against the Government on the issue.
Ulick and Desmond McEvaddy, who jointly own Omega Air, submitted a complaint four years ago, but withdrew it after then Minister for Transport Séamus Brennan said he would clear the way for a new terminal at the airport.
Yesterday Ulick McEvaddy said the case the company was preparing would accuse the Government of presiding over a monopoly at Dublin Airport in contravention of EU law.
Mr McEvaddy described himself as "despondent" about the prospects of the Government giving any private consortium the chance to build a new terminal.
He said the company was going ahead with the complaint, particularly because the Cabinet appeared to be nowhere near making a decision.
Mr McEvaddy claims he can build a new terminal at the airport within three years and that it could ultimately cater for up to 30 million passengers, although 15 million would be the target in the first phase.
His proposal would involve workers at Dublin Airport acquiring 15 per cent share capital in the project.
Mr McEvaddy said he would be pursuing three avenues: an EU complaint, a complaint to the Irish Competition Authority and a planning objection to Fingal County Council.
He said Fingal County Council had previously indicated its opposition to a new terminal in the northern area of the airport.
However, he said he could accept an "interim solution" from the Government where new capacity would be build on the north apron site in the short term, but ultimately future development would take place on the west side.
"If they just confine themselves to the north apron site, they will effectively be building another M50 - in other words a piece of infrastructure that will run out of room very shortly," he said.
Meanwhile Ryanair said queues forming at Dublin Airport in recent days highlighted the need for change at the airport.
The company said the queues, which resulted from extra security precautions, were "reminiscent of the queues for taxis in central Dublin prior to the deregulation of the taxi market".
