Roger Pearson reports on a jet leasing company's bid to overturn EuropeanCommission
regulations in the High Court.The High Court has paved the way for a legal challenge to
new ECregulations aimed at reducing noise and gas emissions from aircraft.Council
Regulation (EC) No 925/199 came into force on 8 May this year, butis not due to be put
into effect until next May.Consultations are already under way over whether it should
ever becomeeffective.And Mr Justice Maurice Kay has granted aircraft maintenance company
OmegaAir leave to mount a challenge in the High Court to the new rules.Omega, which
buys, modifies and leases ageing Boeing 707s, claims theregulations will put its
business in jeopardy.The company claims that it is already suffering adverse effects
eventhough the ruling is not yet effective.It claims that the regulation breaches the
general principles ofnon-discrimination and protection of legitimate expectation.Omega
also claims the regulation infringes the General Agreement onTariffs and Trade and the
Chicago Convention.In granting the company leave in the case of R v Secretary of State
forthe Environment, Transport and Regions ex parte Omega Air Ltd, to seekjudicial review
of the regulation, Mr Justice Maurice Kay said that atfirst sight the notion of such a
review in the UK courts was an oddity asonly the European Court of Justice had power to
annul EU legislation.However, he said Omega was seeking judicial review here as a means
ofpersuading the High Court to refer the issues of validity to the Court ofJustice.While
he said he questioned the appropriateness of such an approach he wassatisfied that Omega
had an "arguable case" which was appropriate for fullconsideration by the High Court.He
said it was possible that at the full hearing the Secretary of State'sarguments would
succeed but he did not consider that was reason to refuseto allow Omega's case to
proceed.He said that because of its importance the case should be heard as soon
aspossible after the start of the next legal term in October.
