The Supreme Court has referred a dispute between Ryanair and Aer Rianta relating to rental fees on check-in desks at Dublin Airport to the European Court of Justice.
Ryanair claims Aer Rianta doubled the rental fee of check-in desks to £12,000 just prior to the establishment of the Aviation regulator.
Aer Rianta is required to seek prior approval from the regulation before increasing or introducing new charges.
Ryanair argued that Aer Rianta is required to seek approval from for any such increases which constitute an access fee on airport installations.
While Aer Rianta had accepted such approval was not obtained, it claimed none was necessary as the fee related to the allocation of check-in counters in the terminal and, as such, did not require approval.
The Chief Justice, Mr Justice Keane, said the question of whether Aer Rianta was entitled to require Ryanair to pay rental for Ryanair's occupation of the check-in desks depended on the proper construction of certain Irish Regulations of 1998, which were based on an EU Directive.
Aer Rianta later issued a statement welcoming the decision, saying it endorsed the company's right to charge a commercial fee for services.
"The company also welcomes the Court's affirmation of its right to implement rules of conduct designed to ensure the safe and efficient operation of the airport," it added.
The statement said Aer Rianta "is happy" with the decision to refer the third aspect of the appeal European Court of Justice, saying the clarrification sought by the SUpreme Court "relates solely to a technical point of law and not to the price levels that Aer Rianta charges for its services".