The Ministry of Consumer Affairs imposed this Friday a fine of more than 150 million euros to low cost airlines Ryanair, Vueling, EasyJet and Volotea for charging passengers for cabin luggage. It is a historic fine for our country’s airlines. It has been the complaints received by different consumer associations, such as Facua, that have set off alarm bells. However, the Association of Airlines (ALA) has harshly criticized the sanctions imposed by Pablo Bustinduy’s department, which accounts for 85% of air traffic in Spain.
The president of the association, Javier Gándara, already responded yesterday that for now “there will be no change in the commercial policy of the affected airlines“, since for the moment lThe resolution is not firm. However, after the fine, the airlines have counterattacked, and the association has already warned that this will harm Spanish consumers, who will see the price of tickets increase and cause delays, by having to take some of the suitcases to the hold. , due to lack of cabin capacity.
The Organization of Consumers and Users (OCU) and FACUA-Consumers in Action have declared that the additional charge for transporting hand luggage in the cabin violates the Air Navigation Law of 1960. This law establishes in its article 97 that the carrier must carry, within the price of the ticket, the luggage according to the weight and volume limits set by the regulations.
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For their part, airlines are supported by the Regulation CE 1008/2008 of September 24, which in its article 22 gives them the right to “freely” set the rates and freight rates for intra-community air services. This regulation requires airlines to clearly and unambiguously communicate the price of optional supplements at the beginning of the reservation process, but does not specifically address the luggage transportation service.
Given this situation, ALA defends the legality of the charge for hand luggage. As announced, they will present appeals against the Administration to avoid facing a million-dollar fine and, if necessary, they do not rule out resorting to judicial means.
The airlinesafter exhausting the administrative route, contemplate taking their defense to the National audience to protect your freedom to establish tariff policies in case of an adverse resolution. This decision will depend on the acceptance of precautionary measures by the judge in charge of the case.
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Each company has until mid-June to appeal the decision of the Ministry of Consumer Affairs, led by Pablo Bustinduy, which in turn will have three months to issue a verdict. If the fine imposed is ratified, the airlines could initiate a judicial process requesting precautionary measures to maintain the current situation, which would further prolong the uncertainty about the possible free carry-on luggage.
