The European Commission has rejected a complaint from Huntstown Air Park and Omega Aviation Services against the Government's refusal to grant permission to build a second passenger terminal at Dublin airport.
Both companies, owned by Irish businessmen the McEvaddy brothers, claimed the refusal amounted to an abuse of dominant position by Aer Rianta and a breach of Article 86(1) of the European Union treaty.
In their complaint by Huntstown Air Park Ltd and Omega Aviation Services Ltd, the McEvaddys - who own land in the immediate vicinity of Dublin airport - contested a decision taken in 1997 by the Government that denied the companies access to runways at Dublin Airport.
However, in a statement this afternoon, the EU Commission said the decision had been taken in the context of the procedure followed by the local planning authorities, notably Fingal County Council.
At the time of the Government’s decision, the Minister for Transport found that from an airport planning and economic point of view, the existing terminal should be developed to its maximum capacity before it would be appropriate to develop a second terminal.
The McEvaddy’s challenged the denial of access to runways at Dublin Airport by the Transport Minister.
They alleged in particular that he runways were an essential facility which they should have a right to access and that the attitude of the Irish State was in breach of article 82 (abuse of dominant position) and article 86 of the EU treaty.
However, the Commission concluded there was no breach of EU competition law.
The decision by Fingal County Council to refuse to Huntstown Air Park Ltd outline permission to build a second terminal at Dublin Airport, the Commission said, was grounded on ten reasons, namely aeronautical safety, general planning and environmental impact.