Court in Spain temporarily suspends fines imposed on five low-cost airlines for carry-on luggage charges

The Madrid High Court of Justice (TSJM) has temporarily suspended the fines imposed by Spain's Ministry of Consumer Affairs on five budget airlines for charging for carry-on luggage. This is a moment of relief for the companies that were facing a fine of 179 million euros.

With this decision, Ryanair, easyJet, Vueling, Volotea and Norwegian will be able, at least this summer, to continue applying a surcharge for cabin baggage. However, the High Court has set a bank guarantee of up to 110 million euros in case the final ruling favours the request of minister Pablo Bustinduy's department.

The airline association (ALA) has stated that the Madrid court ruling recognises the legality of the baggage policy, "which allows access to lower fares for more than 50 million passengers every year".

When Bustinduy announced the sanctions at the end of 2024, Spain became the only country in the EU to ban the freedom of tariffs established in Regulation 1008/2008. According to ALA, this implied "violating European legislation and undermining the freedom of the market". "Charging for hand luggage is illegal," responded Bustinduy, adding that airlines will continue imposing this practice "until the courts rule".

The injunction issued by the Madrid court comes in the midst of the European debate on passenger rights. Earlier this month, the EU council agreed to allow airlines to charge a baggage fee - a decision that runs counter to the position of the European Parliament's Transport Committee, which advocates free hand luggage. The final decision on the reform will rest precisely with the European Parliament, where an absolute majority will be required for approval.

ALA is confident that the granting of the precautionary measures "will be extended to the other affected companies and that the final court ruling will comply with current legislation".