The Supreme Court has asked the European Court of Justice for its opinion on legal issues relating to objections by Ryanair to paying an annual rental fee to Aer Rianta for use of check-in-desks at Dublin Airport.
In a statement after the case, Ryanair said it welcomed the Supreme Court decision to refer Aer Rianta's price hike to the EU court.
The airline said that in 2001, just prior to the establishment of the independent Commission for Aviation Regulation, Aer Rianta doubled the costs of check-in desk rental at Dublin Airport.
It said that Ryanair had argued before the Supreme Court that Aer Rianta was required to seek prior approval from the Commission for Aviation Regulation for any such increases.
The rental fee mentioned in the case, initiated some time ago, is €15,237 per desk per year.
The Chief Justice, Mr Justice Keane, said the question of whether Aer Rianta was entitled to require Ryanair to pay rental for the check-in desks depended on the proper construction of certain Irish regulations of 1998, which were based on an EU directive.
He said Ryanair had argued the rental was a "fee" for "access to airport installations" within the meaning of the regulations and, therefore, it required ministerial approval.
While Aer Rianta had accepted that such approval was not obtained, it claimed the regulations were not applicable to the allocation of the check-in counters in the terminal for rental and, as such, did not require ministerial approval.
Ryanair had argued that, if the Supreme Court accepted Aer Rianta's argument, then the court should refer the question to the European Court of Justice for a preliminary ruling.
Mr Justice Keane said the Supreme Court had noted that the relevant EU directive, unlike the Irish regulations, did not require that the "fee" for "access to airport installations" should receive prior approval of a State agency.
Since the only issue arising in this context was whether prior ministerial approval was required by Aer Rianta before introducing rental fees, it would seem that any question of community law arising would be of significance only in those member- states, which, like Ireland, had included such a provision in their implementing measures.
Mr Justice Keane said the court had decided to ask the Court of Justice for its view as to the correct construction of the regulation in question.
On that basis, the court adjourned the further hearing of the appeal before the Supreme Court.
In its statement after the Supreme Court service yesterday, Mr Paul Fitzsimons, Ryanair's head of communications, said: "For far too long this out-of- control Government monopoly has been abusing its monopoly position by forcing up costs while providing sub-standard services."
