Ryanair Ltd. v. Aer Rianta Cpt [2003] IESC 19 (13 March 2003)

Ryanair Ltd. v. Aer Rianta Cpt [2003] IESC 19 (13 March 2003)

Aer Rianta, as a statutory trading company, was entitled to impose the administration charge and adopt Rules of Conduct without mandatory prior consultation. However, the question of whether rental charges for check-in desks required prior ministerial approval under Regulation 14(3) was not acte clair and was referred to the Court of Justice of the European Communities for a preliminary ruling.

Citation
[2003] IESC 19
Parties
Applicant/appellant: Ryanair Limited; Respondent/respondents: Aer Rianta CPT
Jurisdiction
Ireland
Judgment Date
13 March 2003
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
Appeal adjourned pending preliminary ruling from the Court of Justice of the European Communities.
Legal Topics
Statutory Interpretation, Airport Charges, Ground Handling Services, Consultation Requirements, EU Directive Implementation
Administrative Law Commercial Law EU Law Statutory Interpretation Airport Charges Ground Handling Services Consultation Requirements EU Directive Implementation

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Parties

Ryanair Limited

Applicant/appellant

Aer Rianta CPT

Respondent/respondents

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether Aer Rianta CPT could lawfully impose an administration charge on Ryanair
  2. 2 Whether rental charges for check-in desks required prior ministerial approval under Regulation 14(3)
  3. 3 Whether the Rules of Conduct were validly adopted and required prior consultation

Ratio Decidendi

Aer Rianta, as a statutory trading company, was entitled to impose the administration charge and adopt Rules of Conduct without mandatory prior consultation. However, the question of whether rental charges for check-in desks required prior ministerial approval under Regulation 14(3) was not acte clair and was referred to the Court of Justice of the European Communities for a preliminary ruling.

Court Disposition

Appeal adjourned pending preliminary ruling from the Court of Justice of the European Communities.

Orders

  • Further hearing of the appeal adjourned.
  • Parties to submit agreed draft question for referral to the Court of Justice for approval by the Supreme Court.