JetBlue Eyes Legal Action Against Portugal Over Lisbon Airport Access Denial

(LISBON) JetBlue said it’s weighing legal action against the government of Portugal after years of denied requests to secure landing slots at Lisbon’s Humberto Delgado Airport, escalating a transatlantic fight over access and the rules of the US–EU “open skies” pact. In a formal filing to the US Department of Transportation (DOT) on August 28, 2025, the airline argued that repeated rejections since 2023 undercut fair, reciprocal access promised by open skies and urged Washington to consider limiting Portugal’s access to the US market if American carriers can’t get comparable opportunities in Lisbon.

JetBlue’s move turns a long-simmering complaint into a high-stakes policy test. The carrier claims US airlines now operate only 33% of transatlantic flights at Lisbon, far below the roughly 45% share seen across Europe. With Lisbon’s busiest airport running near capacity and incumbent carriers—especially TAP Air Portugal—holding most peak-time slots, JetBlue says the current system shuts out new competition and pushes up prices for travelers. The DOT is reviewing the filing; no formal response had been issued as of August 29, 2025.

The case lands amid wider US airline frustration over European slot rules. American, United, and Delta have voiced support for stronger enforcement of open skies where capacity constraints and slot coordination are seen to lock in incumbents. Those tensions have flared elsewhere, including Amsterdam Schiphol and Dublin, where US carriers recently pushed authorities to roll back planned cuts or modify slot decisions that limited American service.

JetBlue’s filing also marks a break with past commercial ties. The airline said it will end its partnership with TAP Air Portugal on September 30, 2025, cutting a link that helped customers book and redeem seats across both networks. Until that date, JetBlue customers can still use TrueBlue points for TAP flights, but the phase-out removes a useful bridge for US–Portugal travel and signals how far relations have frayed.

Portugal’s airport authority, ANA, and the government have not publicly responded to JetBlue’s latest filing. ANA maintains regulated charges and published slot procedures, but US carriers argue that, in practice, the process favors established European airlines in a way that conflicts with the spirit of open skies. Lisbon is capacity-strapped, making “new entrant” access tough, yet legal experts say open skies isn’t meant to be theoretical; it expects real, workable access on both sides of the Atlantic.

Escalation to Washington

JetBlue’s request puts several tools on the table. The DOT can:

1. Seek consultations with Portuguese authorities.
2. Start reciprocal measures that mirror access limits faced by US airlines.
3. Refer the matter to arbitration under the open skies framework.

In extreme cases, the United States could limit Portuguese carriers’ access to US airports until conditions improve. That step would immediately hit TAP Air Portugal’s long-haul schedules and could ripple through tourism and trade between the two countries.

Aviation lawyers say the case could set a new marker for how governments handle slot scarcity under open skies. If a country cites full capacity to deny entry repeatedly, does that erode the agreement’s promise of fair access? Past disputes in Europe were settled only after intense pressure, and industry analysts note congestion is likely to worsen across major EU hubs in the coming years. That makes this fight larger than one airline or one airport.

For travelers, the stakes are plain. Without more US carrier presence at Lisbon, fewer airlines compete on price and schedule, especially in peak seasons. Fare pressure rises when incumbents control peak slots, and options narrow for families, students, and business travelers who depend on direct flights. JetBlue’s challenge has therefore drawn support from consumer groups in the United States, who fear a cycle of higher prices and less choice if barriers persist.

Key takeaway: The dispute could determine whether open skies delivers actual reciprocal access at crowded European gateways—or remains a theoretical promise.

What It Means for Travelers and the Market

If Washington and Lisbon reach a compromise, JetBlue could launch or expand direct service, adding seats and competitive fares on US–Lisbon routes. If talks stall and retaliation starts, Portuguese carriers could face limits flying to the United States, reducing capacity and potentially raising prices in both directions.

Potential impacts include:

• Tourism and trade: Tour operators and hotels would feel any drop in US visitors quickly, especially given Portugal’s strong post-pandemic rebound in American tourism.
• Loyalty and bookings: With the JetBlue–TAP partnership ending on September 30, 2025, flyers lose an easy, points-based pathway between the two networks.
• Corporate travel: Travel managers may need to rethink contracts and itineraries through Lisbon if schedules or partnerships change.

Practical implications for travelers:

• Families who booked holiday trips with TrueBlue points should complete bookings before September 30, 2025.
• Consider flexible tickets or travel insurance while the dispute remains unresolved.
• Watch for DOT announcements and airline schedule updates.

Market Dynamics, Labor, and Operational Challenges

JetBlue’s case fits a broader pattern: new entrants say European slot allocation habits entrench legacy carriers and slow competition, while European authorities point to capacity constraints and rule-based coordinators.

Additional context:

• JetBlue’s stock has been volatile in 2025—down 34% year-to-date but up 19% in the past month—reflecting both uncertainty and hopes tied to its Blue Sky partnership with United Airlines.
• Labor tensions: Strikes by ground handling workers across Portugal in 2025 led to delays and cancellations, complicating operations and making schedule planning harder.
• Even if slots are secured, an unstable operating environment can blunt the benefits of new flights in the short term.

Procedure and Next Steps

Procedurally, the next steps are clear:

• The DOT will evaluate the filing and, if warranted, open formal consultations.
• Portugal can defend its process by pointing to capacity limits and published procedures.
• If discussions fail, the United States can escalate, or the issue could shift to the European Commission or international bodies for review under open skies provisions.

According to analysis by VisaVerge.com, prior US–EU aviation disputes have often hinged on whether regulators can ensure workable access for new entrants without dismantling established schedules.

Practical Advice and Resources

For travelers planning late-2025 trips:

• Watch for DOT announcements and airline schedule updates.
• If you’re counting on TrueBlue redemptions on TAP, complete bookings by September 30, 2025.
• Consider flexible tickets or travel insurance while the dispute remains unresolved.

US officials have framed open skies as a living framework that needs active enforcement to deliver benefits: more airlines, more routes, and lower fares. The DOT’s Aviation Consumer Protection page offers updates on passenger rights and policy actions that can affect airline access and service levels. For official guidance and notices, visit the US Department of Transportation’s site at Aviation Consumer Protection.

In Lisbon, the clock is ticking. If Portugal and ANA can find room—through schedule tweaks, off-peak access, or growth solutions—JetBlue may finally gain a foothold. If not, the dispute could become a test case for how far the United States will go to defend reciprocal access when an airport is full but demand is strong. The answer will shape not only JetBlue’s plans, but also how open skies works at crowded European gateways in the years ahead.