BATA loses in court vs Ryanair

[airazurxtror]

http://www.dhnet.be/actu/belgique/une-n ... f528012eea
http://www.lavenir.net/cnt/dmf20151029_00727388

On Wednesday, the Dutch speaking branch of the Commercial Court of Brussels has ruled in the dispute between the Belgian Air Transport Association (BATA) - the association of leading Belgian airlines (Brussels Airlines, Jetairfly, Thomas Cook Belgium, ... ) - and Ryanair.
The Belgian companies had filed a lawsuit against the low-cost airline holding that the latter practiced a form of "unfair competition". At issue: the fact that Ryanair staff operating flights from Brussels Airport is working under Irish contract, much more advantageous for the employer that the Belgian legislation (social contributions, taxes, ...).

Finally, the judgment of the Brussels Commercial Court held in just one sentence, the court shall decline jurisdiction in the case. The Belgian court considers that Ryanair actually depends on the Irish justice insofar as it has no "home" in Belgium.

This unfavorable judgment to Belgian companies succeeded one that was reached in November 2013 when the Charleroi Labour Court, too, had no jurisdiction in a case between Ryanair and members of its staff.

Another front remains open: that of the Governmental assistance to Belgian companies, contested by Ryanair at the European Commission.

[KriVa]

Isn't there a difference between losing a case, and a judge having no jurisdiction over a case? I admittedly have only a very small background in law, but those two things don't seem the same to me.

[Hue]

Since Ryanair is Irish, BATA should start a court case in Ireland. Belgian court declares itself unable to judge and doesn't look into any details of the complaint. Up for debate if that qualifies as 'losing in court' for BATA.

[sean1982]

Starting a court case for using irish contracts ... In Ireland? That's a garantueed win for sure.

Losing = not winning

[flightlover]

Starting a court case for using irish contracts ... In Ireland? That's a garantueed win for sure.

Losing = not winning

winning = not loosing???
Your the first to see a draw being a win. Unless you see Ryanair in the underdog position. Then a draw is a mighty good result.

A win is a clear verdict, not 'We are not going to rule on it'
SN just chose the wrong battling ground. If they take it on a EU-level there might be a final verdict.

[jan_olieslagers]

I am with KriVa. BATA has not lost, and FR hasn't won.

@Flightlover: I am not an expert either, but I do believe one can only appeal to European courts after going through local courts.

[cHabu]

It's common knowledge that Ryanair uses Irish labour contracts. I don't get why they think they can go to court and win this. They should establish their own Irish subsidiary, fly on an Irish AOC and use Irsh labour contracts to compete with Ryanair.