An Irish appeals court has rejected a bid by Ryanair (FR, Dublin International) to sue Italy's antitrust authority (Autorità Garante Della Concorrenza e del Mercato - AGCM) over a search of the carrier's Dublin Airport offices in March 2024.

The search was conducted by Ireland's Competition and Consumer Protection Commission (CCPC) at the request of the AGCM. It followed complaints by Italian travel agency associations and a consumer group about restrictions imposed by Ryanair on how and where its tickets are sold. Following the search, Ryanair sued both antitrust agencies, claiming, among other things, that the search warrants were invalid.

As reported in The Irish Independent, Ryanair's counsel argued that the original High Court judge had failed to recognise the difference between an action by or against a state authority and "an action arising out of the exercise by a state authority of the authority of the state".

The appellate court said the fundamental question was whether Irish courts had jurisdiction under EU regulations relating to the recognition and enforcement of judgments in civil and commercial matters to hear and determine Ryanair's claims. The court decided that the Irish courts did.

Meanwhile, in other European legal manoeuvres, Ryanair has again asked Spain's Ministry of Social Rights, Consumer Affairs and Agenda 2030 to withdraw a November 2024 EUR179 million euro (USD183.5 million) fine imposed on four low-cost carriers, including Ryanair, for allegedly overcharging passengers to take their suitcases into aircraft cabins, among other things. Ryanair's share of the fine was the largest, at EUR109 million (USD112 million).

Ryanair is reportedly relying on a 2014 Court of Justice of the European Union (CJEU) ruling in favour of Vueling Airlines (VY, Barcelona El Prat), which recognised the right of airlines to apply fees for luggage. While the ruling in case C‑487/12 confirmed that fees for checked luggage were an "optional price supplement" and airlines were free to set these fees as they pleased, the judges also said that carry-on luggage was "a necessary aspect of the carriage of passengers and that its carriage cannot, therefore, be made subject to a price supplement." The paid carry-on luggage was the main reason why Spain fined Ryanair and others.

The Irish carrier also says European Union treaties guarantee airlines the freedom to undertake commercial operations without government interference.

Ryanair's call to cancel the fine comes as the European Commission said it would undertake a preliminary investigation against Spain following a complaint filed by the International Air Transport Association, the Association of European Regional Airlines, and Airlines for Europe.

Ryanair Holdings CEO Michael O'Leary called the relevant government minister, Pablo Bustinduy, a "crazy communist minister." "He thinks that passengers can take as much luggage as they want. No, they can't," O'Leary said during a January 29 press conference in Brussels.

"My duty is to defend the rights of consumers in this country," said Bustinduy in response. "That takes priority over the interests of any multinational or billionaire tycoon, no matter how powerful they may be."

In January, Ryanair said it would scrap 800,000 seats on seven of its regional Spanish routes by the 2025 northern summer due to excessive fees by the state-owned airport operator.