Ryanair DAC v SC Vola.Ro SRL & Anor (Approved) [2021] IEHC 788 (15 December 2021)

Ryanair DAC v SC Vola.Ro SRL & Anor (Approved) [2021] IEHC 788 (15 December 2021)

Discovery is ordered in respect of categories of documents that are relevant and necessary to the issues in the liability module, subject to reasonable temporal limitations (from 1 September 2017 to the date of the affidavit) and to more precise formulations to avoid undue burden and fishing expeditions. Ryanair is entitled to discovery to clarify the technical and contractual relationships between Vola, Ypsilon, and Flightbox regarding access to and use of Ryanair's website, but the scope must be proportionate and not unduly onerous. Sample-based discovery is appropriate for technical processes, and the number of samples is limited to six. Overly broad or negative formulations and...

Citation
[2021] IEHC 788
Parties
Plaintiff: Ryanair DAC; Defendant: SC Vola. Ro SRL; Defendant: Ypsilon. Net AG
Jurisdiction
Ireland
Judgment Date
15 December 2021
Procedural Posture
Plenary Proceedings (discovery Applications) / Interlocutory (discovery Motions Prior to Trial of Liability Module)
Outcome
Discovery granted in part, refused or narrowed in part.
Legal Topics
Discovery of Documents, Screen Scraping, Breach of Contract, Copyright Infringement, Database Rights, Passing Off, Abuse of Dominant Position, Jurisdiction, Injunctions
Civil Procedure Contract Law Intellectual Property Competition Law Discovery of Documents Screen Scraping Breach of Contract Copyright Infringement +5 more

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Parties

Ryanair DAC

Plaintiff

SC Vola. Ro SRL

Defendant

Ypsilon. Net AG

Defendant

Procedural Posture

Plenary Proceedings (discovery Applications) / Interlocutory (discovery Motions Prior to Trial of Liability Module)

Legal Issues

  1. 1 Whether the documents sought by Ryanair from Vola and Ypsilon (and vice versa) are relevant and necessary for the fair disposal of the issues in the liability module of the proceedings
  2. 2 Whether the scope and temporal extent of discovery sought is proportionate and justified
  3. 3 Whether the relationship and conduct between Vola, Ypsilon, and Flightbox regarding screen-scraping Ryanair's website justifies broader discovery

Ratio Decidendi

Discovery is ordered in respect of categories of documents that are relevant and necessary to the issues in the liability module, subject to reasonable temporal limitations (from 1 September 2017 to the date of the affidavit) and to more precise formulations to avoid undue burden and fishing expeditions. Ryanair is entitled to discovery to clarify the technical and contractual relationships between Vola, Ypsilon, and Flightbox regarding access to and use of Ryanair's website, but the scope must be proportionate and not unduly onerous. Sample-based discovery is appropriate for technical processes, and the number of samples is limited to six. Overly broad or negative formulations and...

Court Disposition

Discovery granted in part, refused or narrowed in part.

Orders

  • Vola to make discovery of agreements and technical or operational instructions between itself, Ypsilon, and Flightbox relating to Ryanair flights from 1 September 2017 to the date of the affidavit.
  • Vola to make discovery of documents for six representative samples of Ryanair flight searches/bookings as specified, not twenty-five or fifty.