Ryanair loses bid to seek judicial review

A HIGH Court judge has refused Ryanair permission to appeal to the Supreme Court against his refusal to allow it to bring a judicial review challenge to new charges at Dublin airport.

Mr Justice Peter Kelly ruled yesterday that Ryanair had failed to advance any point of law of exceptional public importance arising from his refusal which required determination by the Supreme Court. Nor had the airline advanced any public interest grounds for an appeal, the judge added. “It is not desirable in the public interest this litigation should be allowed to proceed one step further.”

The judge told Martin Hayden SC, for Ryanair, that he “can’t be serious” in seeking to appeal orders for costs made against it by the judge in light of his findings.

Ryanair had seriously misled the court and told untruths to and about the court and to Minister for Transport Noel Dempsey. The judge said he could have considered jailing orders in light of the untruths told by Ryanair.

The refusal of leave to appeal means Ryanair cannot now pursue its bid for a court order aimed at quashing the Commission for Aviation Regulation’s decision last December approving charges for Dublin airport for the period 2010-2014.

While Ryanair had appealed the charges to an appeals panel set up by Mr Dempsey, which recently upheld some of Ryanair’s arguments, its findings are not binding on the regulator.

Judicial review proceedings on decisions made under the Aviation Act may only be brought with leave of the High Court. The High Court’s decision is final unless it certifies an appeal to the Supreme Court on grounds the applicant has raised a point of law of exceptional public importance.