An application to jail Ryanair chief executive Michael O'Leary and the company's director of flight and ground operations, David O'Brien, for contempt has been adjourned at the High Court.
The judge found notice of the contempt proceedings was served on a secretary within the airline, rather than on the two executives personally, as would be required by law.
As Mr O'Leary left the Four Courts precincts late yesterday, a trade union official served notice on him of a rerun of the contempt proceedings, which were initiated by Ryanair pilot John Goss.
Mr Goss has claimed that Ryanair's suspension of him earlier this month was an attempt to bully and intimidate him and other pilots who wished to pursue issues with the company through the pilots' representative association, Ialpa.
Earlier yesterday, Mr Justice Barry White granted a mandatory injunction compelling Ryanair Ltd to reinstate Mr Goss to his flying duties.
Under the injunction, the company is restrained from suspending Mr Goss from his duties as captain or preventing him from flying or interfering in any way with his ability to comply with his aviation licence requirements.
The judge had heard contempt proceedings brought by Mr Goss last week and adjourned his decision until yesterday. It was submitted that Ryanair had breached an order made by the High Court last February, in proceedings brought by Mr Goss against Ryanair restraining it from conducting a disciplinary meeting with him.
On April 12th the High Court fixed May 31st for the hearing of Mr Goss's full action against Ryanair. In a letter to Mr Goss dated April 12th, signed by Mr O'Brien, the company said its internal disciplinary procedures could not function properly or in the interests of people if they were to be subjected to repeated delay and obstruction.
The letter continued: "In our view these continued delays, when combined with the burden which any High Court action may place on an individual, render it sensible and operationally appropriate that you should not engage in full-time flying duties.
"We hereby suspend you with immediate effect and on full pay, until such time as this court hearing on May 31st, and any subsequent disciplinary process, has been brought to a conclusion."
Mr Justice White, in his judgment, said it had been argued that there was a failure on Mr Goss's side to serve the February order personally on Mr O'Leary and Mr O'Brien. The judge said it was essential for the applicant, Mr Goss, to prove service of the court order personally upon those whose committal or attachment was sought (in this case Mr O'Brien and Mr O'Leary).
In this case the relevant affidavits of service showed that a secretary was served. Counsel for Mr Goss had urged that if the court could not find for him only because of the defect in service, it should at least hold Ryanair to be in contempt under and by virtue of the application for further and other relief.
Mr Justice White said he would not determine the contempt aspect of the present application but would adjourn it to be determined by the trial judge when the substantive issue was concluded.
On the application for an injunction, the judge said that in granting it, he was in no way inhibiting Ryanair, in appropriate circumstances, from suspending Mr Goss solely on bona fide grounds, corroborated by appropriate evidence.
Mr Justice White adjourned the question of costs.