Ryanair challenges the Irish/Italian in respect of the dawn raid of its Irish HQ

The Irish Competition and Consumer Protection Commission (the "CCPC") found itself in the midst of an interesting legal challenge of the raid it conducted of Ryanair's Irish HQ on behalf of the Italian competition authority (the "AGCM") on 8 March 2024. 

Ryanair issued proceedings against both the CCPC and the AGCM on 21 March 2024, challenging the legality of the raid, and seeking:

1. an order quashing the search warrant;

2. a declaration that both the CCPC and the AGCM acted unlawfully in obtaining and acting on the warrant in the course of the inspection;

3. a declaration that the seized material should not have been removed from Ireland, and may not be used for the Italian investigation;

4. a declaration to the effect that Ryanair's rights under the Constitution, Chater of Fundamental Rights, and the Convention of Human Rights had been breached; and

5. injunctive relief restraining the use and/or requiring the return or deletion of the seized material. 

Perhaps even more interestingly, Ryanair alleged in open court, that the agencies had not properly conducted the raid, as evidenced, in part, by the fact that representatives of the Italian authority decided to make use of the office slide once the inspection was concluded.

Mr Justice Barrett delivered his judgment on 21 May 2024, holding that the proceedings did not come within the scope of the Brussels Recast Regulation (the "Regulation").  The Regulation governs both the recognition and enforcement of judgments in civil and commercial matters.  The two key questions under the Regulation were:

1. was the AGCM exercising public law powers; and if yes,

2. was it doing so only in a way that no private individual could also do?

Mr Justice Barrett concluded that all of the AGCM's actions were inextricably linked to its uniquely (i.e., were available only to competition authorities, and not private persons) public law powers to carry out investigations, and to request assistance from the CCPC (pursuant to Regulation 1/2003).  He went on to conclude that, to the extent that Ryanair wished to pursue any other issue as against the AGCM relating to actions taken during or immediately after the raid, Ryanair could only do so before the Italian courts.  

A copy of the full judgment is available here, with Ryanair's appeal of that judgment due to be heard in November 2024.