Moves to break the deadlock between Norweigan Air and US regulators have been described as unprecedented but necessary.
The EU Commission has begun an arbitration procedure in response to the ongoing delay in granting the low cost airline a licence to fly to the US from Shannon and Cork airports.
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NAI originally applied for permission two years ago but faces stiff opposition from unions on both sides of the atlantic who claim the airline will undermine wages and working conditions.
The delays mean the flights now won't go ahead this year, and Ireland South MEP Deirdre Clune says it's unfortunate that this step had to be taken.