Speak Now Or Forever Hold Your Peace: Jurisdictional Arguments And Objections Before The Irish High Court

The Irish High Court has confirmed that parties seeking to raise jurisdictional points under the Brussels Regulation must do so clearly and at the earliest available opportunity or risk losing their entitlement to argue the points.

In Transportstyrelsen v Ryanair1, the Swedish Transport Agency sought to recover from Ryanair certain security charges introduced in compliance with an EC Regulation. Proceedings were issued in 2009. Ryanair entered an appearance, filed affidavit evidence, consented to the matter being sent to plenary hearing, sought and obtained an order for further and better particulars and filed a counterclaim. It did all of this without challenging the jurisdiction of the Irish court. However, in September 2011, before the matter came for trial, Ryanair applied to have the case dismissed on grounds either (i) that the Transport Agency was seeking to recover a foreign revenue or public law debt or (ii) that the proceedings should be...