ABSTRACT

The deregulation of air transport between Ireland and Britain was announced during a parliamentary debate on the Air Transport Bill 1984 (Government of Ireland, 1984) measure to impose penalties on those discounting airline tickets. The Irish government had sought in the High Court to prevent Trans America Airlines and travel agents from selling tickets for travel between Ireland and the United States at less than the price approved by the Minister for Communications. The High Court found that the Air Transport and Navigation Act 1965, which gave the Minister power to control air fares did not apply to travel agents (High Court decision 1984 No. 2762, 9 April 1984). The High Court granted the injunction against Trans America Airlines. The Supreme Court subsequently upheld the appeal of Trans America Airlines against the High Court injunction restraining the airline from selling tickets for travel between Ireland and the United States at less than the price approved by the Minister. Whether the airline was in breach of the law would have to be determined by trial rather than injunction.