Ryanair win court case hearing

RYANAIR Limited secured a High Court judgment yesterday quashing a decision of the Commission for Aviation Regulation concerning the allocation of “slots” at Dublin Airport.

Mr Bill Shipsey SC for the airline had submitted that the Commission’s decision of April 2005 to alter the designation of Dublin Airport from “schedule facilitated” to “coordinated” for the allocation of slots at the airport was beyond the Commission’s authority.

He said a scheduled airport is one where the requirements of airlines can be met through a broad measure of consensus as to the allocation of slots.

A slot is in effect the right of an airline to avail of the airports facilities particularly the runways and kerbside facilities.

Mr Shipsey pointed out that a coordinated airport is in effect one where slots are allocated on a prescriptive basis.

In general airlines prefer to operate under a “schedule facilitated” rather than a “coordinated regime” because of flexibility.

In his judgment, Mr Justice Kevin O’Higgins said the Commission argued that quashing its decision would lead to serious consequences, additional difficulties and possibly more congestion in the airport. While he was prepared to accept that argument he was not satisfied that these consequences constituted adequate grounds for refusing relief.

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