A jury in Delaware District Court found last July in favour of Ryanair’s claims that Booking.com had violated the US Computer Fraud and Abuse Act (CFAA), causing loss to the Irish budget airline.

The case was one of the first civil cases under the CFAA to go to trial.

However, a judge last week determined that Ryanair “did not meet its burden of proving at least $5,000 of loss attributable to Booking.com, which is a prerequisite to any finding of civil liability under the CFAA”.

Sitting by designation in the District of Delaware, Judge William Bryson of the US Court of Appeals for the Federal Circuit granted a motion from Booking.com for judgment as a matter of law.

Booking.com has been directed to prepare a proposed amended judgment by Wednesday 29 January 2025.

The judge’s ruling can still be appealed and could ultimately require a new trial.

“For example, if the reviewing court should disagree with my analysis of the ‘loss’ issue in a way that undermines the judgment but does not necessarily compel the re-entry of judgment in favour of Ryanair, a new trial may be required,” Judge Bryson said.

“In other circumstances, vacatur or reversal may require further proceedings before this court, but would not necessarily require a new trial.

“I will therefore postpone ruling on whether a new trial should be granted pending the outcome of any appellate proceedings that may be instituted in this case.”