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Thursday, 13 February 2025, 13:03
The Junta de Andalucía plans to fine Ryanair for the extra charges for hand luggage following complaints from the Spanish consumer group Facua This is what the consumer organisation has stated, which highlighted in a press statement that the "Consumer affairs service of the Junta in Seville pointed out that the airline's practices are abusive after analysing the irregularities suffered by five Seville people who reported the issue through the association". This proposed action comes days after the announcement of the opening of another disciplinary case against Vueling for the same irregularities.
Facua argued in its submitted complaint that these charges are an abusive practice in breach of Spain's air navigation act, which states that "the carrier shall be obliged to carry free of charge in the cabin, as hand luggage, the objects and packages that the passenger carries with them" and only provides as an exception it being for "safety reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft."
Similarly, Article 82 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, includes as unfair terms all those "stipulations not individually negotiated and all those practices not expressly consented to which cause, to the detriment of the consumer and user, a significant imbalance in the rights and parties deriving from the contract", as well as those that "limit the rights of the consumer and user", "determine the lack of reciprocity in the contract" and "are disproportionate in relation to the conclusion and execution of the contract", among other factors.
Unlike the central government's Ministry of Consumer Affairs in Madrid, the Junta's consumer service in Seville has not quantified the fine on the basis of the unlawful benefit obtained by Ryanair, rather it has set a proposed fine of 46,250 euros by classifying the infringements committed as 'serious'. Facua Seville has submitted a counter-claim requesting that the infringement be increased to 'very serious', which would raise the amount of the fine to between 60,001 and 1,000,000 euros. The proposed resolution cites up to 22 court rulings in which the illegality of these practices has been determined.
Either way, this ruling body is recognising in the proposed resolution that charging for carrying hand luggage is an abusive clause and punishable by a fine, in accordance with Law 13/2003, of 17 December, on the Defence and Protection of Consumers and Users of Andalucía.
When it comes to determining the amount of the fine, the fact that this situation is repeated time and again is taken into account. Likewise, the ministerial office points out that this is not a local company, but "a company that operates nationally and internationally", operating in 37 countries and carrying out more than 3,600 flights per day. It also points out that the amount of the fine must have a dissuasive effect, so that committing the offence in question is not more beneficial to the airline than complying with the rules it has infringed.
This proposed resolution to Ryanair by the Junta de Andalucía is in addition to the 107.8 million-euro fine already imposed by the Spanish government's Ministry of Social Rights, Consumer Affairs and Agenda 2030 for charging for hand luggage and other irregularities.
Facua's complaints about charging extra for travelling with a suitcase have already resulted in fines totalling 179 million euros against five airlines. In addition to the more than 107 million euros in sanctions for Ryanair, the national ministry led by Pablo Bustinduy has fined Vueling 39.2 million, easyJet 29.1m, Norwegian 1.6m and Volotea 1.2 million euros for the same practices.
Facua flags up that users have the right to claim back these extra charges and points out that it is handling numerous cases in defence of those affected. To advise them further, it has set up a platform for those affected on Facua's website.
In case of a negative response from the airlines, the consumer watchdog urges consumers to file complaints with the consumer authorities in their respective regions requesting sanctions and to go to court. Consumers can do this free of charge, since for amounts of less than 2,000 euros it is not obligatory to go to court with your own legal representation.
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