Ryanair DAC v Skyscanner Ltd & Ors (Unapproved) [2022] IECA 64 (16 March 2022)

Ryanair DAC v Skyscanner Ltd & Ors (Unapproved) [2022] IECA 64 (16 March 2022)

The relief sought was mandatory in nature, requiring Skyscanner to take positive steps to monitor and control OTA behaviour, which it had not previously undertaken. Ryanair failed to establish a strong case likely to succeed at trial regarding breach of contract or terms of use. Damages were deemed an adequate remedy for any loss suffered by Ryanair. The balance of justice did not favour granting the injunction, as it would impose significant burdens on Skyscanner and disrupt its business model, while Ryanair's alleged harms were primarily commercial and quantifiable.

Citation
[2022] IECA 64
Parties
Plaintiff/appellant: Ryanair Designated Activity Company; Defendant/respondent: Skyscanner Limited; Defendant/respondent: Skyscanner Holdings Limited; Defendant/respondent: Skyscanner 2018 Limited
Jurisdiction
Ireland
Judgment Date
16 March 2022
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interlocutory Injunction
Outcome
appeal dismissed
Legal Topics
Interlocutory Injunctions, Mandatory Injunctions, Website Terms of Use, Screen Scraping, Breach of Contract, Unjust Enrichment, Passing Off, Database Rights, Copyright, Competition/abuse of Dominance
Contract Law Intellectual Property Law Competition Law Tort Law Interlocutory Injunctions Mandatory Injunctions Website Terms of Use Screen Scraping +6 more

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Parties

Ryanair Designated Activity Company

Plaintiff/appellant

Skyscanner Limited

Defendant/respondent

Skyscanner Holdings Limited

Defendant/respondent

Skyscanner 2018 Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to a mandatory interlocutory injunction requiring the defendants to ensure OTAs provide genuine customer contact details when booking Ryanair flights via Skyscanner
  2. 2 Whether the defendants' use of Ryanair's website data breaches the website's terms of use or any ongoing licence agreement
  3. 3 Whether damages are an adequate remedy for the plaintiff if the injunction is refused

Ratio Decidendi

The relief sought was mandatory in nature, requiring Skyscanner to take positive steps to monitor and control OTA behaviour, which it had not previously undertaken. Ryanair failed to establish a strong case likely to succeed at trial regarding breach of contract or terms of use. Damages were deemed an adequate remedy for any loss suffered by Ryanair. The balance of justice did not favour granting the injunction, as it would impose significant burdens on Skyscanner and disrupt its business model, while Ryanair's alleged harms were primarily commercial and quantifiable.

Court Disposition

appeal dismissed

Orders

  • No interlocutory injunction granted
  • Costs to be determined as per High Court order