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Dismissal of claim by Irish airline against Italian competition authority
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High Court grants order dismissing proceedings by an airline against the Italian competition authority (AGCM) for lack of jurisdiction, determining that the actions of the AGCM, which included requesting investigative assistance from the Irish Competition and Consumer Protection Commission (CCPC) and conducting a search at the airline's headquarters in Dublin, were exercises of state authority. The court concluded that the proceedings concerned 'revenue, customs or administrative matters' and the liability of the state for acts and omissions in the exercise of state authority, thus falling outside the scope of civil and commercial matters under Article 1(1) of the Recast Brussels Regulation. Consequently, the Irish courts do not have jurisdiction, and any grievances Ryanair has with the AGCM's actions must be pursued in the Italian courts.
Recast Brussels Regulation, jurisdiction, Italian competition authority (AGCM), Irish Competition and Consumer Protection Commission (CCPC), state authority (acta iure imperii), investigation, search warrant, legal professional privilege, civil and commercial matters, administrative matters, enforcement powers, evidence seizure, Ryanair, judicial review, public administrative authority, EU law, Competition Act 2002, Competition and Consumer Protection Act 2014, European Court of Justice (CJEU), European Charter of Fundamental Rights (CFEU), Treaty on European Union (TEU).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
