Last month, a ruling in favour of consumers backed Ryanair’s model of offering more choice and low fares, as more than 50 million passengers in Spain travel each year with a free bag under their seat (Free Bag). Ryanair welcomed the ruling by the High Court of Justice in Madrid suspending the enforcement of Spain’s Minister of Social Rights, Consumer Affairs and Agenda 2030 Pablo Bustinduy’s illegal ruling on cabin baggage and the €107 million fine imposed on Ryanair last May.
But, Spain's Ministry of Consumer Affairs said on Thursday that it has launched another investigation into a sixth low-cost airline over practices such as charging for larger cabin bags. The ministry, which did not name the carrier, has already imposed fines totalling a combined 179 million euros on five other airlines over such practices.
A Spanish court temporarily suspended the fines on three of those airlines - Ryanair, Norwegian Air and IAG-owned Vueling - while the matter is under judicial review following legal challenges by those carriers. The two other airlines fined were easyJet and privately owned Volotea. The ministry said the latest case could still take months.
The ministry has said the airlines violated customers' rights by charging for larger carry-on bags, as well as for selecting seats and printing out boarding passes and by not allowing cash payments at check-in desks or to buy items on board. The five airlines were allowed to continue charging for larger cabin bags and for passengers choosing specific seats during the legal proceedings.
Ryanair and Industry group ALA have said the fines are groundless as the practices are common in most of the European Union. This ruling upholds Ryanair’s right under EU law to offer its customers the freedom to choose, and pay for, the baggage they wish to take on board, in addition to the free bag to be placed under the seat that all Ryanair passengers carry on board free of charge.
The Madrid Court has stated that ‘the dispute between the parties is certainly very complex, and it is not considered that significant harm would be caused to the general interest if the present proceedings were to continue with the charging of those fees, especially since this practice has been in place for years and regulatory instruments are even being developed within the European Union itself on whether or not such charges are possible’.
Pablo Bustinduy has illegally attempted to interfere with and restrict the freedom of airlines to set prices for optional baggage, demanding that all cabin baggage be free of charge (even if it does not fit in the aircraft cabin), which would increase fares for all passengers. Ryanair’s baggage policy is fully compliant with EU law, transparent and consumer-friendly, as demonstrated by Ryanair’s position as Europe’s and Spain’s No. 1 airline.
Michael O’Leary, Ryanair CEO, said: “The Spanish courts have correctly upheld EU law, which protects the freedom of all EU airlines to set our own prices, a fundamental right guaranteed by Regulation (EC) 1008/2008. The Court has also upheld the right of all Spanish passengers to choose how much cabin baggage they wish to carry and pay for, in addition to Ryanair’s “free bag”, which exceeds the dimensions set by the EU.
"With over €10 billion invested in Spain, Ryanair contributes over €24 billion to the country’s GDP and supports over 10,000 direct jobs for pilots, cabin crew and engineers. Given the current political climate in Spain, Minister Bustinduy has far more pressing matters to attend to than interfering with low-cost air travel, a vital industry for the Spanish economy. We now urge Minister Bustinduy to respect EU law and the needs of Spanish passengers and withdraw his illegal baggage fines."
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