Ryanair has failed in its High Court bid to prevent the court hearing an Aer Rianta complaint that Ryanair was "unjustly enriching" itself by overstating to passengers the level of airport charges but not passing on the full amount to Aer Rianta.
Aer Rianta, which manages the airports at Dublin, Shannon and Cork, has sued Ryanair, alleging the private airline had issued a press release and falsely published on its website in 2001 that Aer Rianta was levying a service charge of £9.50 in 2001 when the approved rate was £7.23.
As part of its complaint, Aer Rianta also alleged that Ryanair had unjustly enriched itself by retaining for its own benefit the so- called "passenger service charge" or tax levied on its passengers where, for any reason, the passenger failed to fly as scheduled. The airport company stated that Ryanair must account to it for these monies.
Ryanair had applied to have Aer Rianta's claim of unjust enrichment struck out. It argued that Aer Rianta claimed to be entitled to restitution, but there were no pleas by the airport company that the alleged unjust enrichment was at Aer Rianta's expense.
Yesterday, Mr Justice Lavan, in a reserved judgment, refused Ryanair's application.