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Ryanair has lost its action before the High Court for the governmental action affecting air travel.
The airline had claimed that the measures amounted to a legal restriction on travel within and outside the country. The State contested these claims, arguing that the measures are merely advisory and not binding.
Judge Garrett Simons ruled Friday that the government had not exceeded its executive powers and invaded the legislature in connection with the measures.
Ryanair’s action was against An Taoiseach and the Attorney General, requesting several orders and statements, including one nullifying the measures announced at the end of July. This included the advice not to travel outside of Ireland except for essential purposes.
Ryanair also challenged the requirement that returnees to the state from countries not on the designated “green list” restrict their movements and self-isolate for 14 days.
The company claimed that the restrictions were unconstitutional and violated various health laws, the European Convention on Human Rights and the European Charter of Fundamental Rights.
Aer Lingus, one of the parties notified in the case, supported Ryanair’s action. In the case of Aer Lingus, apart from Covid-19, the measures have had a serious and damaging effect on its business and on Irish aviation in general.
The States parties, in opposing the action, argued that the measures are not mandatory and have an advisory nature. He said that the measures introduced by the government in response to the Covid-19 pandemic do not impose a legal restriction on travel in and out of the country.
With the exception of regulations introduced earlier this year under the Health Act of 1947, the government has not adopted any binding health measures regulating international travel as part of the response to the Covid-19 situation.
The State said that the coronavirus travel advisory regarding non-essential travel is necessary, proportionate and transparent. The measures are designed to deal with what is a global health emergency, he also said.
State filers also argued that Ryanair has no legal basis to challenge the measures, that the courts cannot intervene with this advice, and that Ryanair’s procedures are questionable or useless.
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