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Spain state consumer protection opens a sanctioning procedure against another 'low-cost' airline for charging for carry-on luggage

Updated

The company joins the fine imposed in November 2024 on Ryanair, Vueling, EasyJet, Norwegian, and Volotea, totaling 179 million euros

Lines at Terminal 4 of Barajas to check luggage.
Lines at Terminal 4 of Barajas to check luggage.EM

The Ministry of Consumer Affairs has initiated a new sanctioning procedure against a low-cost airline for possible abusive practices. This is the sixth company under investigation, following the fines imposed in November 2024 on Ryanair, Vueling, EasyJet, Norwegian, and Volotea totaling 179 million euros.

The Ministry, led by Pablo Bustinduy, continues its battle with airlines that impose additional charges considered illegal, such as charging for carry-on luggage in the cabin or for reserving adjacent seats for dependent individuals. In this new case, the name of the affected company has not been revealed since, according to the Ministry, the law prohibits doing so until the sanctioning procedure is final.

The General Directorate of Consumer Affairs bases this action on indications of a violation of Article 47.1 of the General Law for the Defense of Consumers and Users. Among the questioned practices are charging supplements for carry-on luggage, fees for reserving seats for minors or individuals with special needs, and lack of transparency in published prices, both on their website and on third-party platforms. According to the legislation, these violations could result in fines ranging from 10,000 to one million euros or up to eight times the amount obtained from these practices.

The Ministry emphasizes that not all airlines apply these practices and that their generalization is relatively recent. They attribute their origin to a low-cost airline that began charging them after the Covid pandemic, triggering a domino effect among its competitors. Additionally, they recall that both Spanish and European regulations expressly prohibit charging for carry-on luggage that meets reasonable size and weight criteria.

Consumer Affairs relies on the so-called "Vueling judgment," issued by the European Court of Justice in 2014 (Case C-487/12), which establishes that carry-on luggage is an essential element of transportation and cannot be subject to surcharges. This interpretation was reaffirmed by the European Parliament in October 2023 and by the European Economic and Social Committee in March 2024.

The newly opened procedure adds to the fines from November 2024 totaling 179 million euros against Ryanair, Vueling, EasyJet, Norwegian, and Volotea. Of these, over 100 million correspond to Ryanair. Although all airlines have appealed, the courts have accepted precautionary measures for at least three of them, allowing them to continue applying surcharges while the litigation is resolved.

Meanwhile, the Ministry highlights that the recent decision of the European Council to consider legalizing charging for carry-on luggage "demonstrates that currently this practice is not legal," emphasizing its commitment to defending consumer rights against abusive practices in air transport.