Gwen Malone Stenography Services Ltd.
JUDGMENT OF MR. JUSTICE T. C. SMYTH DELIVERED ONWEDNESDAY, 12TH JULY 2006
MR. JUSTICE SMYTH:
The Plaintiff operates aEuropean wide low costairline. It is structured so that planes fly from aparticular base where they are kept overnight and begintheir outward journeys from such particular bases. Thetwo bases relevant in this case are one within theState at Dublin and the other abroad at Stansted inEngland. In or about 1998/1999 the Plaintiff decidedto alter the planes it was using from Boeing 737-200sto a more a modern and capacious aircraft, the Boeing737-800, both known colloquially as the 200s and 800s.The regulation of airline pilots requires them notmerely to have a licence to fly but also to becertified to fly a particular type of aircraft.In Dublin the preponderant type of aircraft in 2004 wasthe 737-200, as the fleet was reaching the end of itsappropriate life, it was intended to be phased out tobe replaced by a fleet of 737-800s. The events thatgive rise to this litigation are stated to relate towhat happened when the Plaintiff attempted to obtaincrews to fly the new aircraft. In and about the timeof this transformation of the fleet a website wasestablished in September 2004, updated for some periodthereafter, and known as the REPA website, i.e. theRyanair European Pilots Association. It was