Ryanair DAC v Flightbox SP ZOO (Approved) [2023] IEHC 689 (06 November 2023)

Ryanair DAC v Flightbox SP ZOO (Approved) [2023] IEHC 689 (06 November 2023)

The Irish High Court has exclusive jurisdiction under Article 25 of Brussels I Recast because Flightbox, by accessing Ryanair's website and extracting data, entered into a binding click-wrapped agreement incorporating Ryanair's terms of use, including the jurisdiction clause. The Polish proceedings do not displace this jurisdiction. Ryanair is entitled to judgment in default of appearance, including injunctive and declaratory relief, as Flightbox was properly served and did not defend the claim.

Citation
[2023] IEHC 689
Parties
Plaintiff: Ryanair DAC; Defendant: Flightbox SP ZOO
Jurisdiction
Ireland
Judgment Date
06 November 2023
Procedural Posture
Civil / Judgment in Default of Appearance
Outcome
judgment for the plaintiff in default of appearance
Legal Topics
Screen Scraping, Website Terms of Use, Jurisdiction, Brussels I Recast Regulation, Injunctions, Default Judgment, Competition Law
Contract Law Intellectual Property Law EU Law Civil Procedure Screen Scraping Website Terms of Use Jurisdiction Brussels I Recast Regulation +3 more

Case Brief

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Parties

Ryanair DAC

Plaintiff

Flightbox SP ZOO

Defendant

Procedural Posture

Civil / Judgment in Default of Appearance

Legal Issues

  1. 1 Whether the Irish High Court has jurisdiction over Flightbox under Article 25 of Brussels I Recast
  2. 2 Whether Ryanair's website terms of use are binding on Flightbox
  3. 3 Whether Flightbox breached Ryanair's terms of use by screen scraping

Ratio Decidendi

The Irish High Court has exclusive jurisdiction under Article 25 of Brussels I Recast because Flightbox, by accessing Ryanair's website and extracting data, entered into a binding click-wrapped agreement incorporating Ryanair's terms of use, including the jurisdiction clause. The Polish proceedings do not displace this jurisdiction. Ryanair is entitled to judgment in default of appearance, including injunctive and declaratory relief, as Flightbox was properly served and did not defend the claim.

Court Disposition

judgment for the plaintiff in default of appearance

Orders

  • Leave to enter judgment against Flightbox for breach of contract and terms of use
  • Declarations that Ryanair's terms of use are binding on Flightbox