THE European Union is likely to block plans by the Irish government to do a side deal with America to expand Aer Lingus’s transatlantic operations after a similar arrangement involving the Netherlands was found to violate EU law.

Paolo Mengozzi, an advocate general of the European Court of Justice (ECJ), has said the Netherlands “failed to fulfil its obligations as a member state” by having bilateral talks with America. If an advocate general’s opinion is upheld by the ECJ, as happens in the majority of cases, it means that EU countries will not have the alternative option of striking individual deals with the US.

Last year, America agreed in principle that Aer Lingus could fly to three additional cities in America, beyond its existing US gateways: New York, Boston, Chicago and Los Angeles. But the pact was contingent on an EU-US “open skies” deal.

Bertie Ahern, the taoiseach, said last week that Ireland would by-pass Brussels to open direct negotiations with Washington. He said: “We have been putting all of our efforts into getting an EU-US agreement . . . it is generally believed now with the way Congress has turned out that there would not be support (for) an EU-US agreement because of their own internal and external concerns.”

James Oberstar, set to take over the chairmanship of the US House Transportation and Infrastructure Committee and a key player in the new Democratic leadership in Congress, has already outlined his opposition to the tentative open skies pact. Protectionist sensibilities have been raised by the American airline industry’s problems since 9/11.

Ahern said he recently discussed the notion of Ireland proceeding with its own bilateral talks with the US at a meeting with the president of the European Commission, Jose Manuel Barosso. “Obviously, we would need their agreement, or at least tacit support, or, at worst, not blocking us in any way,” Ahern said.