The new Commission for Aviation Regulation yesterday failed to prevent Aer Rianta pursuing a High Court challenge to the commission's decision on maximum charges to be imposed at Dublin, Shannon and Cork airports.
Mr Justice Kelly refused an application by the commission to adjourn the hearing of Aer Rianta's application for leave to take judicial review proceedings challenging the commission's powers, particularly its findings on airport charges.
The judge said he hoped to have the judicial review application heard in the present law term.
In an affidavit, the sole member of the commission, Mr William Prasifka, said the commission last August made a "determination" on the maximum levels of airport charges that might be levied by Aer Rianta at Dublin, Shannon and Cork airports.
Under the new legislation setting up the commission - the Aviation Act, 2001- there is provision for an appeal against its decision.
In a separate decision the Supreme Court has overturned a High Court decision to grant summary judgment of more than £433,000 to Aer Rianta against Ryanair.
The court ruled Ryanair had established it had a defence to proceedings taken against it by Aer Rianta and remitted the case to the High Court for a full hearing.
It also directed that £433,000 which the High Court had directed Ryanair to pay to Aer Rianta should be returned. The proceedings arose out of a dispute between the two companies over monies due to Aer Rianta for landing charges and passenger load charges at Dublin Airport.