The High Court has refused to adjourn Ryanair’s Irish proceedings over a competition investigation until related court appeals in Italy are concluded.
The Competition and Consumer Protection Commission sought to pause the case, arguing that proceedings brought by Ryanair against the Italian Competition Authority, the AGCM, could affect whether the Irish litigation remained necessary.
The Irish case arose after the CCPC obtained and executed a search warrant in Dublin in March 2024 following a request for assistance from the AGCM. Materials seized from Ryanair were taken by the Italian authority. Ryanair subsequently brought proceedings in Ireland challenging aspects of the warrant process and seeking inspection of the underlying request for assistance.
Separately, Ryanair brought proceedings in Italy challenging the AGCM’s actions. Appeals there were expected to be determined around mid-2026.
Mr Justice Max Barrett rejected the CCPC’s argument that those Italian proceedings should come first. He said that if Ryanair succeeded in Italy, the Commission’s concern would become moot. If Ryanair lost there, Ryanair would still maintain that it had been injured by the manner in which the Irish search warrant was obtained.
The judge stressed that both the Irish and Italian courts treated the validity of the Irish search warrant as a matter for the Irish courts.
Timing was also significant. The AGCM intended to reach a decision in its main investigation by the end of 2025. Ryanair argued that delaying the Irish case could leave it facing an adverse Italian competition decision and associated publicity before the legality of the warrant had been determined.
Barrett J found no evidence establishing a problematic overlap between the Irish and Italian cases. He also held that Ryanair was entitled to have its Irish proceedings determined expeditiously and had behaved consistently as circumstances evolved.
The CCPC’s application to adjourn the proceedings was therefore refused. Ryanair’s inspection motion and the Commission’s related strike-out motion were left to proceed in Ireland.