Permission to appeal application

Ryanair Holdings plc (Appellant) v Competition Commission and another (Respondents)

26 April 2013
The Supreme Court of the United Kingdom has refused Ryanair permission to appeal the Court of Appeal decision in this matter.

The Court of Appeal dismissed Ryanair's appeal against the decision of the Competition Appeal Tribunal dated 8 August 2012, when it dismissed Ryanair's application for the Competition Commission's decision to continue with its investigation to be quashed or stayed (including the Competition Commission's notice under EA s. 109 requiring Ryanair to produce certain information and documents).

The Supreme Court's Order reads:


(1) permission to appeal BE REFUSED because the application does not raise an arguable point of law of general public importance

(2) in relation to the point of European Union law said to be raised or in response to the application it is not necessary to request the Court of Justice to give any ruling because the application of the duty of sincere cooperation is a matter for domestic courts. The European legal principle is clear, and its application fact-specific. Further and in any event the Competition Commission has on the face of it sufficient powers to react to any Court of Justice decision over-ruling the European Commission and permitting a 100% bid

(3) the Appellant pay the Respondents' costs of the application and, where the Respondent apply for costs, the costs to be awarded be assessed."

Ryanair's appeal was dismissed by the Court of Appeal in an order dated 12 December 2012. The Court of Appeal's judgment in this case can be found on the BAILII website.