New ground-handling rules and charges introduced or planned for Dublin Airport by Aer Rianta could have serious commercial consequences for Ryanair, the High court was told yesterday.
Mr Justice Dermot Kinlen granted the airline an injunction until next Friday setting aside a Code of Conduct for Ground Handling which Aer Rianta introduced only a week ago.
He also granted Ryanair leave to challenge the validity of the new code in the courts and judicially review the airport authority's decision to implement major increases in ground-handling charges from January 1st next.
Mr Gerard Hogan SC, for Ryanair, said Aer Rianta planned to introduce on January 1st an annual general administration fee of £2,000 on Ryanair and levy a charge of £12,000 on each of its 14 checkin desks. He claimed Aer Rianta did not have the power to impose such charges without the prior consent of the Minister for Public Enterprise, which had not been obtained.
The charges violated statutory regulations in that they were not objective, transparent and non-discriminatory.
Mr Charlie Clifton, Ryanair's director of ground and inflight operations, told the court the company handled more than 4 million of Dublin Airport's annual 13 million passenger throughput.
Ryanair was the only low-fare airline based in Dublin and the only airline which operated a 25-minute turnaround of aircraft.
Mr Clifton said the airline was a self-handler and unlike other operators did not require a sophisticated computerised check-in system. Ryanair used a manual check-in system but, as part of the proposed £12,000 desk-rental charge, would be asked to pay for a computerised system it had no use for.
Mr Clifton said one of the more troubling aspects of the Code of Conduct for Ground Handling was that it sought to set aside all former agreements relating to the provision of services and facilities at the airport by Aer Rianta without allowing Ryanair any consultation.
Under a 1998 agreement Ryanair enjoyed priority access to specific aircraft stands critical to quick turnarounds.
Mr Justice Kinlen said it would appear that Aer Rianta seemed to have acted in a rather arrogant fashion and had not given proper consideration to its statutory powers and obligations under various regulations.
The matter was adjourned until December 29th.