LONDON HIGH COURT ACTION
Ryanair Holdings PLC
20 December 2007
RYANAIR WINS LONDON HIGH COURT ACTION
'DAA AND SRT FOUND TO HAVE COLLABORATED AGAINST RYANAIR'
Ryanair, Ireland's largest airline today (Dec 20) in the High Court in London
won the case for an injunction against SRT (SR Technics) to prevent them (and
the DAA) attempting to force Ryanair to vacate Hangar 1; as well as an order for
specific performance against SRT which must use its best endeavours to obtain a
15 year licence to allow Ryanair to use Hangar 1 on such terms as the DAA may
reasonably consent.
Today's judgment by the Honourable Mr Justice Gray, was critical of both SRT and
the DAA for their behaviour. Amongst other findings in his judgment, Mr Justice
Gray found:
•'SRT has failed lamentably to comply with its disclosure obligations'.
•'I am doubtful even now if all relevant Board meetings have been
disclosed (by SRT)'.
•'I am in no doubt at all that SRT was in persistent and clear breach of
its obligations in relation to obtaining consent from the DAA to a licence
in favour of Ryanair'.
•'Attempts made in the course of the trial to elicit documents from the
DAA achieved nothing'.
•'I reject the evidence of Mr Murphy (DAA).
•'Mr Collier, Chief Executive of the DAA unhelpfully replied that it would
not be appropriate for the DAA to discuss commercial discussions it might or
might not be having with third parties. This reply typifies the attitude of
the DAA to requests for documentary assistance in connection with this
matter'.
•'The note of the meeting which took place between SRT and representatives
of the DAA on 10 July 2007 reveals that the proposal at that stage was that
the DAA would pay SRT €5m for relinquishing possession of Hangars 1 and 2.
The likely tenant at Hangar 1 was to be Aer Lingus. The concluding reference
in that note is indicative of the collaboration which by then existed
between the DAA and SRT'.
•'Nor do I accept that Irish Landlord and Tenant Legislation in reality
prevented the DAA from granting a lease of over 5 years duration'.
•'Damages would not in my view constitute an adequate remedy in the
circumstances which obtain here'.
Welcoming today's High Court Judgement in favour of Ryanair, Chief Executive,
Michael O'Leary said:
'We welcome both the findings and the decision of Mr Justice Gray to require
SRT to honour its agreement to provide Ryanair with a 15 year licence to use
Hangar 1 at Dublin Airport.
'It is disappointing that Ryanair was forced by the actions of both SRT and
the DAA to pursue this matter through the High Courts in London. We share Mr
Justice Gray's concern that neither SRT nor the DAA gave full disclosure of
their records and documents to the High Court, but even the limited
disclosure which was provided, conclusively reveals that the DAA was
collaborating with SRT to throw Ryanair out of Hangar 1 so that the DAA
could pay SRT €5m to regain possession of it, and then lease it to Aer
Lingus. The fact that Executives of SRT and the DAA have been found to have
obstructed the Court, and their evidence was rejected, is indicative of the
low standards of honesty and probity that apply to both companies.
'The fact that the DAA monopoly has been found to have collaborated with
SRT, to force Ryanair out of Hangar 1, so that the DAA could lease the
facility instead to Aer Lingus is I believe indicative of the way that the
DAA monopoly repeatedly abuses its monopoly power here at Dublin Airport.
'Ryanair will now consider the detailed judgement of Mr Justice Gray with
our lawyers. We will be writing to the Minister for Transport and Mr Gary
McGann, the Chairman of the DAA monopoly, asking that appropriate
disciplinary measures up to and including dismissal should now be considered
in the case of Mr Collier, the DAA's Chief Executive, Mr McGowan, the DAA's
Property Manager and any other executives of the DAA who refused to
cooperate fully with the High Court in London and who engaged in this
'collaboration' with SRT against its largest customer, Ryanair.'
'I never cease to be amazed by the extent to which the Department of
Transport, the DAA monopoly and Aer Lingus are prepared to 'collaborate' in
their attempts to protect and assist each other, while doing their utmost to
disadvantage Ryanair, Ireland's largest and favourite airline'
Ends. 20th December, 2007
For further information please contact:
Peter Sherrard Pauline McAlester
Ryanair Murray Consultants
Tel. +353-1-8121212 Tel. +353-1-4980300
This information is provided by RNS
The company news service from the London Stock Exchange
Latest directors dealings
- 21 hours ago Savannah Energy
- 22 hours ago Buccaneer Energy PLC
- 23 hours ago Savannah Energy
- 23 hours ago Carclo
- 23 hours ago Schroder Japan Growth Fund