The Airline Association (ALA) reminds us that the process is still open, so the sanction is not yet final and we will continue to charge for hand luggage.
The four airlines sanctioned by the Ministry of Consumer Affairs (Ryanair, Vueling, EasyJet and Volotea) have armed their defence. Although each of them is presenting its appeal individually, between them they have already compiled 80 recent rulings that endorse the charge for hand luggage, according to sources familiar with the process. They believe that this way they will be able to overturn the 150 million euro fine imposed on them jointly through administrative channels.
The company that has accumulated the most favourable rulings is Ryanair, which has already filed its appeal. This is the administrative process that will be used in the first instance by all the companies affected to challenge the Consumer Affairs sanction, with the firm intention of also going to court if necessary. The Association of Airlines (ALA) reminds us that the process is still open, so the sanction is not yet final and the hand luggage will continue to be charged.
All the rulings compiled by the airlines, handed down in Spain, are based on two specific regulations, one national and the other Community: the Air Navigation Law in force in our country and European Regulation 1008/2008. On the basis of these two pieces of legislation, they rule that airlines are free to set the price of their fares and have the right to set their own fares.
Specifically, Article 97 of the national law on air navigation stipulates the obligation ‘to carry free of charge in the cabin’ hand luggage and objects carried by the passenger. But it adds that this can be denied for ‘security reasons, linked to the weight or size of the object’. This is where the crux of the matter lies, since in these judgements it is understood that airlines can charge for the troleys because they already allow a smaller bag or rucksack.
ALA reminds that the process is still open, so the sanction is not yet final and they will continue to charge for hand luggage.
The problem is that there is a disparity of criteria in the judicial world. For example, it is well known that in 2021, the Commercial Court Number 1 of Palma de Mallorca ordered Ryanair to return to a couple the 50.74 euros they had paid for their hand luggage. And two years earlier, the 13th Commercial Court of Madrid declared that it was an ‘abusive’ measure and ordered the same airline to refund the 20 euros paid by a passenger.
On the other hand, there is the European Regulation 1008/2008. In its article 22, this Community regulation states that airlines ‘shall be free to set fares and rates for intra-Community air services’. However, throughout the text, the issue of baggage-related prices is not expressly addressed, also creating discrepancies among the judges.
Throughout the text, however, the question of prices related to baggage is not expressly addressed, also creating discrepancies between the judges.
On this point, the Court of Justice of the European Union (CJEU) ruled in a 2014 judgment that paying a supplement for hand luggage is illegal because it is an ‘indispensable element ’ of passenger transport. However, as the dimensions of this bag are not determined, the airlines concerned and the judges who have ruled in favour of them maintain that they already cover this service with the bag or rucksack that they do allow to be carried free of charge.
To clarify the conflict, the European Parliament urged the European Commission to initiate procedures to specifically prohibit airlines from charging passengers for their hand luggage by agreeing on the same dimensions for the essential piece of luggage. But the reality is that this is not a binding decision, so it may take several years for it to be enacted, or even never to be adopted at all. In any case, we still have to wait for the new House to be formed before resuming the lobbying game for and against this legislation.
Consumer vs. airlines
Meanwhile, the Minister for Social Rights, Consumer Affairs and Agenda 2030, Pablo Bustinduy, considers that charging a supplement for hand luggage is an ‘abusive practice ’ and defends the 150 million fine as a defence of consumer interests. However, after the fine was leaked to the press, he explained that airlines can lodge an appeal with ‘full guarantees’ and, if they fail, they have the right to ‘appeal to the courts’.
Bustinduy considers that charging a supplement for hand luggage is an ‘abusive practice’ and defends the 150 million fine.
The version of the ALA president, Javier Gándara, is that this is a ‘disproportionate’ sanction and he has already said that the airlines were preparing their appeals to resolve the conflict through administrative channels, with the intention of going to court if the case arises. In their opinion, if they are banned from this practice, ticket prices will rise and delays will increase.
ALA estimates that ‘around 50 million of our country’s passengers would have to start paying for services they do not need’. And, as the price of carrying hand luggage would already be included in the fare, airlines fear that many of them would carry their own bags even though they could have travelled without them, a situation that would increase delays on arrival at the airport of destination.
The issue is that if most passengers carry their own hand luggage, not everything can be placed in the cabin when the plane is full or close to overbooking. In other words, the trolleys of people at the end of the queue would have to be lowered into the hold, with a corresponding delay to take-off. In fact, this is already happening on some flights of airlines that do not charge for this service.
Texto taken from: https://www.elconfidencial.com
