Ryanair Designated Activity Company v Skyscanner Ltd & ORS (Approved) [2020] IEHC 399 (30 July 2020)

Ryanair Designated Activity Company v Skyscanner Ltd & ORS (Approved) [2020] IEHC 399 (30 July 2020)

The injunction sought is mandatory in substance, requiring Skyscanner to take positive actions to monitor and control independent OTAs, change business models, and exclude OTAs from its platform. Ryanair has not established a strong case likely to succeed at trial for mandatory relief. Even if the injunction were prohibitive, the balance of justice does not favour granting it, as passenger inconvenience can be alleviated by Ryanair and damages are an adequate remedy. The application is refused.

Citation
[2020] IEHC 399
Parties
Plaintiff: Ryanair DAC; Defendant: Skyscanner Limited; Defendant: Skyscanner Holdings Limited; Defendant: Skyscanner 2018 Limited
Jurisdiction
Ireland
Judgment Date
30 July 2020
Procedural Posture
Commercial / Interlocutory Injunction Application
Outcome
Application for interlocutory injunction refused
Legal Topics
Interlocutory Injunctions, Screen Scraping, Terms of Use, Ancillary Services, Price Comparison, Breach of Contract, Trademark Infringement, Passing Off, Unjust Enrichment
Contract Law Intellectual Property Competition Law Tort Law Interlocutory Injunctions Screen Scraping Terms of Use Ancillary Services +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Ryanair DAC

Plaintiff

Skyscanner Limited

Defendant

Skyscanner Holdings Limited

Defendant

Skyscanner 2018 Limited

Defendant

Procedural Posture

Commercial / Interlocutory Injunction Application

Legal Issues

  1. 1 Whether Skyscanner is breaching Ryanair's Terms of Use by facilitating OTAs to sell Ryanair flights and provide OTA-created email addresses instead of passenger personal email addresses
  2. 2 Whether Ryanair is entitled to a mandatory interlocutory injunction obliging Skyscanner to require OTAs to provide passenger personal email addresses
  3. 3 Whether Skyscanner's conduct constitutes breach of contract, unjust enrichment, breach of duty, copyright/database rights infringement, trademark infringement, conversion, trespass, misrepresentation, passing off, economic torts, and breach of constitutional/ECHR/EU rights

Ratio Decidendi

The injunction sought is mandatory in substance, requiring Skyscanner to take positive actions to monitor and control independent OTAs, change business models, and exclude OTAs from its platform. Ryanair has not established a strong case likely to succeed at trial for mandatory relief. Even if the injunction were prohibitive, the balance of justice does not favour granting it, as passenger inconvenience can be alleviated by Ryanair and damages are an adequate remedy. The application is refused.

Court Disposition

Application for interlocutory injunction refused

Orders

  • No interlocutory injunction granted
  • Costs reserved