High Court, in judicial review and competition proceedings, finds that bye-law introducing new per capita passenger charge upon ferry service company operating in Aran Islands is not unreasonable, arbitrary or an unjust attack on property rights given the nature, purpose, scope and effect of the charge on the company, harbour and community as a whole.
Competition proceedings - application for judicial review - challenge to harbour charge fee imposed on passengers using applicant's ferry service to Aran Islands through introduction of new bye laws - whether particular charge is ultra vires - whether per capita charge manifestly unreasonable, disproportionate and discriminatory - whether charge constitutes an abuse of power by county council of its dominant position as sole provider of harbour services - whether charge a violation of constitutional guarantees - Arts 6, 15.2, 40.1, 40.3 and 43 - charges introduced for passenger and commercial transport services to recoup portion of annual operating costs of harbour - whether Oireachtas intended to allow respondent council to make a bye-law imposing such a charge having regard to its effects and consequences - evidence of experts concerning purpose and effect of charges - recent redevelopment of harbour using public funds - whether charge falls outside scope of delegated powers granted to the County Council - whether monetary amount of charge grossly unfair, disproportionate or excessive - whether discrepancy between fee charged to passenger vehicles compared to commerical vehicles arbitrary or unjustified - benefits accrued to applicant company from improved harbour - whether charge constitutes an 'unjust attack' on applicant ferry company's property rights - similar arguments and reasoning adopted in recent Rossaveel case - reliefs denied.