An association whose members include Lufthansa Group and Air France-KLM has asked the Irish High Court to review whether Ryanair meets EU majority ownership rules. Ryanair says it fully complies, and analysts expect corrective measures rather than a grounding if it loses.
- ENAA, whose members include Lufthansa Group and Air France-KLM, has asked the Irish High Court for a judicial review of the IAA over Ryanair's compliance with EU ownership and control rules.2
- Ryanair says it fully complies and will vigorously oppose what it calls a contrived claim seeking to ground it by suspending its air operating licence.1
- EU nationals held 30% of Ryanair's issued share capital on 31 March 2026 but are entitled to exercise 100% of the voting rights.6
- Analysts quoted by POLITICO and Börsen-Zeitung expect corrective measures or new requirements rather than an immediate loss of the licence if ENAA wins.812
Ryanair says it will "vigorously oppose" a legal challenge in the Irish High Court that questions whether the airline meets the European Union's rules on ownership and control1. The case has been brought by the European Network Airlines Association (ENAA), an Amsterdam-registered association whose members include Lufthansa Group, Air France-KLM and their subsidiary airlines2. ENAA has started proceedings against the Irish Aviation Authority (IAA), which regulates Irish airlines, seeking a judicial review of Ryanair's compliance with the rules. Ryanair is a notice party to the case2. According to The Currency, the airlines behind the case accuse the IAA of allowing Ryanair to profit by infringing EU ownership rules at the expense of its competitors3.
What the rules require
Article 4 of Regulation (EC) No 1008/2008, the EU's Air Services Regulation, allows an operating licence to be granted only if Member States and/or nationals of Member States "own more than 50 % of the undertaking and effectively control it"4. Article 2 of the same regulation defines effective control as a relationship that confers "the possibility of directly or indirectly exercising a decisive influence on an undertaking"5. In an announcement on 14 April 2026, Ryanair Holdings said that at its financial year end on 31 March 2026, 30% of its issued share capital was held by EU nationals, a group that for this purpose also includes nationals of Iceland, Liechtenstein, Norway and Switzerland6. It added that, as a result of measures introduced on 1 January 2021, EU nationals "are entitled to exercise 100% of the voting rights" in the company6.
Ryanair explains on its investor website that, as a result of Brexit, UK nationals ceased to qualify as EU nationals from 1 January 20217. Since then, UK nationals and all other non-EU nationals have not been permitted to attend, speak or vote at Ryanair's shareholder meetings7. On 7 March 2025 the board decided to discontinue the ban on non-EU nationals buying ordinary shares, while keeping the voting restrictions7. The company said it may need to reintroduce that purchase ban in future to ensure that at least 20% of its issued share capital is held by EU nationals7.
ENAA's case
Citing the Irish Independent, ch-aviation reported that ENAA claims Ryanair does not comply with the regulation's requirement that no more than 50% of relevant equity share capital is owned by non-EU nationals2. In a statement on 6 October, the association said its concerns arose after Ryanair changed its share ownership rules in March 20252. ENAA said it had asked the European Commission and the relevant national licensing authorities to verify Ryanair's compliance, and decided to pursue judicial review after concluding that the IAA was reluctant to engage with the matter2. The association confirmed to POLITICO that it had spent months urging EU and Irish aviation authorities to investigate8. Travel Extra reported that ENAA has asked the High Court's Commercial division to rule on the matter9.
Ryanair's response and the row inside A4E
In a stock exchange announcement on 5 October, Ryanair said ENAA was "trying to misuse the EU ownership and control rules via the Irish High Court to restrict competition and choice for EU air travel"1. The airline said it "fully complies with EU ownership and control requirements" and called the action a "contrived claim which seeks to ground Ryanair by suspending its air operating licence"1. Ryanair argues that because its non-EU shareholders do not have voting rights, the airline is under EU control8. Business Post reported on 10 October that Ryanair had described the legal action as an "attack" that threatens the business10.
The dispute has also reached Airlines for Europe (A4E), the Brussels-based lobby group to which Ryanair, Lufthansa and Air France-KLM all belong8. Travel Extra reported heated discussions involving Ryanair chief executive Michael O'Leary, Air France-KLM's Ben Smith and Lufthansa's Carsten Spohr before an A4E media briefing in Brussels on 8 October911. "Now they're in the Irish High Court seeking to have our license suspended and Ryanair grounded," O'Leary said in Brussels, according to POLITICO8. Reports differ on the condition he set. Aviation Week and Travel Extra say he threatened to pull Ryanair out of A4E by the end of the year unless the legacy carriers leave first119, while POLITICO reported a threat to leave unless the legal case is dropped by the end of the year8. A4E said its members "may have differing views on certain issues", and neither Lufthansa nor Air France-KLM commented on the threat8.
What analysts expect
Analysts quoted so far do not expect an immediate grounding, even if ENAA wins. Gerald Khoo of Panmure Liberum said a decision in the association's favour would not lead directly to a revocation of Ryanair's operating licence, and that new requirements for the airline were more likely, Börsen-Zeitung reported12. POLITICO wrote that a defeat could force Ryanair to change its ownership structure, and that its licence would only be suspended if it did not comply with the verdict8. Augusto Viansson Ponte, a director at Alton Aviation Consultancy, told POLITICO: "ENAA's request is sufficiently well-founded to justify examination, but it is way too early to say that Ryanair is violating the rules"8. He said a "likely first step would be corrective measures, not immediate grounding", adding: "Ryanair could restrict non-EU [share] purchases, facilitate transfers of shares to EU investors, implement targeted share buybacks or restructure its licensed subsidiaries for example"8.
The case runs alongside a wider debate about the rules themselves. A4E members are pushing for a reform of the Air Services Regulation, and their joint position states: "The potential way forward is to allow institutional investors from selected third countries to hold a limited percentage of shares … which would count towards the EU share of ownership"8. easyJet chief executive Kenton Jarvis told POLITICO that, if lawmakers adopt the proposal, "that would allow a greater access to liquidity in those markets for airlines"8.
What is not yet known
No hearing date or ruling has been reported in the coverage reviewed for this article, and the court has not yet assessed ENAA's claim. None of the statements from Ryanair, ENAA or A4E cited here refers to recruitment, pilot training or cadet programmes128. Readers weighing up these employers can find more in our profiles of Ryanair, Lufthansa and Air France.
Timeline
- 1 Jan 2021After Brexit, Ryanair's non-EU shareholders, including UK nationals, can no longer attend, speak or vote at shareholder meetings.7
- 7 Mar 2025Ryanair's board lifts the ban on non-EU nationals buying ordinary shares but keeps the voting restrictions.7
- 14 Apr 2026Ryanair reports that 30% of its issued share capital was held by EU nationals on 31 March 2026.6
- 5 Oct 2026Ryanair announces it will oppose ENAA's High Court action.1
- 6 Oct 2026ENAA says it turned to judicial review after concluding the IAA was reluctant to engage.2
- 8 Oct 2026O'Leary threatens to take Ryanair out of A4E by the end of the year.11
Sources
- 1Ryanair Holdings (RNS via TradingView) · Ryanair Opposes Competitors’ High Court Action5 Oct 2026
- 2ch-aviation · Ryanair to fight ENAA challenge over EU ownership rules9 Oct 2026
- 3The Currency · European airlines line up against the Irish Aviation Authority, and Ryanair5 Oct 2026
- 4legislation.gov.uk (The National Archives), Article 4 as adopted · Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance)24 Sep 2008
- 5legislation.gov.uk (The National Archives), Article 2 as adopted · Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast) (Text with EEA relevance)24 Sep 2008
- 6Ryanair Holdings (RNS via Investegate) · EU SHAREHOLDING UPDATE14 Apr 2026
- 7Ryanair Investor Relations · Ryanair | Non-EU Shareholders7 Mar 2025
- 8POLITICO Europe · Ryanair lashes out at Air France and Lufthansa over ownership probe9 Oct 2026
- 9Travel Extra · Ryanair threatens to withdraw from A4E over legal dispute with legacy carriers10 Oct 2026
- 10Business Post · Ryanair claims legal ‘attack’ by rivals threatens share price10 Oct 2026
- 11Aviation Week · Ryanair Escalates Spat With Air France-KLM, Lufthansa Over EU Ownership Rules8 Oct 2026
- 12Börsen-Zeitung · Ryanair rivals sue Irish aviation authority6 Oct 2026



