The High Court struck out Ryanair Limited’s proceedings challenging the Commission for Aviation Regulation’s approval of fees for check-in desks at Dublin Airport, ruling that the airline had used the wrong court procedure.
In a judgment delivered on 8 August 2008, Mr Justice Kelly said the challenge should have been brought by judicial review. He did not decide whether the Commission’s approval was lawful or whether Ryanair had a right of appeal under European law.
The Commission approved the Dublin Airport Authority’s proposed fees on 10 March 2008 under Regulation 14(3) of the European Communities (Access to the Ground Handling Market at Community Airports) Regulations 1998. Ryanair began proceedings by special summons on 21 May 2008, seeking an order overturning that decision.
Ryanair argued that Regulation 15 gave any party with a legitimate interest a right of appeal and that this authorised its court proceedings. The Commission applied to have the case struck out, arguing that the complaint could only be pursued through judicial review.
Justice Kelly found that the appeal created by Regulation 15 was governed by Regulation 16 and went first to the Commission, with a further appeal to the High Court on a specified question of law. He said Regulation 17 gave a right to appeal a Commission decision to the body to whom that decision related—in this case, the Dublin Airport Authority. He found that the Regulations did not give Ryanair a right of appeal against the approval at issue.
Ryanair also relied on Article 21 of Council Directive 96/67/EC, which provides for an appeal by a party with a legitimate interest. The Commission disputed that this gave Ryanair a right to challenge the Commission’s decision in this way. Justice Kelly said it was neither necessary nor appropriate to decide that question in the proceedings before him. He said any question about whether the Directive had been properly implemented required properly constituted proceedings with the relevant parties before the court.
The court held that the special summons procedure was unavailable because the proceedings were not required or authorised by law under Order 3, rule 21 of the Rules of the Superior Courts. It struck out the summons. The judgment records that Ryanair indicated it might later seek leave for judicial review. Justice Kelly directed that any such application concerning the decision must be made on notice to the relevant parties.