The High Court yesterday placed a limit on the scope of an action by Aer Rianta against a determination on airport landing fees by the aviation regulator.

At a preliminary hearing, Mr Justice O'Sullivan held that the identification of substantive error could not come within the scope of Aer Rianta's challenge against the commissioner for aviation regulation, Mr Bill Prasifka. The court was asked whether, as a matter of principle, the identification and review of errors made by Mr Prasifka in deciding the charges to be levied came within the scope of the judicial review proceedings brought by Aer Rianta against the commissioner.

Mr Justice O'Sullivan said Aer Rianta was seeking to argue that the Commissioner had breached the regulations setting up the Commission by reason of the errors and the Commissioner had therefore failed to objectively justify his airport charges. The judge held it was "not competent" for Aer Rianta to make such a case in the course of its challenge. Insofar as the challenge was based on a decision which was allegedly not transparent, not objectively justified, unreasonable or incorrect, he ruled that the identification of substantive error could not and did not come within the scope of Aer Rianta's challenge. The judge adjourned to next Tuesday the form of his order when he said he would discuss with lawyers for the parties involved, the issues to be decided and the evidence to be given in relation to those issues.