Ryanair fine with € 24,000 receivable for hand luggage

According to the association in a statement, he denounced the Irish Low cost for this practice in November 2019 before the consumer protection authorities of the 17 Autonomous Communities.Subsequently, in March 2021, the General Directorate of Health and Balear.

Now, Balearic Consumption has confirmed the imposition of a sanction of 24.000 euros of a fine to Ryanair by verifying that, indeed, he incurred a serious infraction in the defense of consumers and users.

Abusive clause

Since 2018, the airline changed its hand luggage policy that was transferred free of charge as part of the benefits of the passage and began to apply an economic surcharge.“The only passengers who were exempt from this payment were those who had bought their tickets with the priority boarding rate that, with an added price, allows you to continue uploading to the plane with both packages and carry both in cabin.The rest of the passengers are charged all the packages that climb to the plane and that exceed 25x20x40 ”, recalls Facua.

In its resolution, the Balearic Administration considers that the inclusion of a clause that enables the collection of a surcharge for raising hand luggage to the cabin of the plane must be reported as an abusive practice.Thus, he points out that several judicial sentences have ruled in the sense that hand packages are not considered luggage and that the carrier is obliged to take them for free in the cabin.

Similarly, the Court of Justice of the European Union (TJUE) points out in the matter C-487/12 that "not billed luggage or hand luggage is considered an indispensable element of air transport", so the company "It is obliged to transport it without being able to demand any supplement or extra cost ".

In addition, the Air Navigation Law itself, in its article 97, states that "the carrier will be obliged to transport free of charge, such as hand luggage, the objects and packages that the traveler carries with him".It only contemplates as exceptions "security reasons, linked to the weight or size of the object in relation to the characteristics of the aircraft".

Maximum severe infraction

For this breach, the General Directorate of Balearic Consumption has decided to impose on Ryanair the commission of a serious infraction to its maximum degree - according to the provisions of the regional regulations for consumer protection - due to the concurrence of a series of aggravating aggravants:reiteration in offending behavior and the existence of a high volume of sales and provision of services.

Thus, the Balearic regulations contemplate fines of 4.500.01 euros at 24.000 euros for the case of serious infractions.By imposing the sanction to its maximum degree, consumption of the Balearic Islands has finally decided to set the amount in the upper stop: 24.000 euros.

Ryanair can still file a contentious-administrative appeal in court against this resolution.