According to the Constitutional Court, the preliminary measure affected freedom of expression, the right to business and the right to judicial protection.
According to the Constitutional Court, the right to freedom of expression also applies to commercial communications. Therefore, when issuing an interim measure, it is necessary to thoroughly assess the truthfulness or untruthfulness.
The preliminary measure was issued by the Regional Court in Brno, stating that it is necessary to temporarily adjust the relations between the two companies.
Ryanair is said to be unable to contact passengers and meet its financial obligations due to the limited transmission of data from Kiwi in an operational solution.
Kiwi appealed, but the Olomouc High Court upheld the decision. However, the Senate Senate and Judge-Rapporteur Kateřina Šimáčková saw the matter differently and pointed out that the general courts misinterpreted Kiwi’s statement and did not evaluate the dispute in the whole context.
“The right of both participants to do business implies positive obligations of the state to ensure an environment for business and other economic activities ensuring equal conditions of competition in a market environment,” said Šimáčková.
‘In the present case, however, the ordinary courts did not do so and interfered with the applicant’s right to conduct business without clearly stating what specific legal provisions the applicant had been in breach of and how. Although the courts generally referred to the Consumer Protection Act and the Civil Code, but without further specification, which is not sufficient to justify such a fundamental restriction, “added Šimáčková.