A court in Salamanca has fined Irish low-cost airline Ryanair 147 EUR (£127) to reimburse a passenger’s hand luggage charges for five flights between 2019 and 2024. The ruling has the potential to put an end to baggage fees charged by many airlines such as Ryanair, easyJet and other European airlines.
Salamanca Judge Declares Hand Luggage an ‘Essential’ Part of Travel
Although many airlines — especially those operating on a low-cost model like Ryanair — charge customers for hand luggage that does not meet their size requirements, the judge in Salamanca based his decision on a ruling from 2014 by the Court of Justice of the European Union. It states that “carriage of hand baggage cannot be made subject to a price supplement, provided that it meets reasonable requirements in terms of its weight and dimensions and complies with applicable security requirements”. Similarly, Article 97 of Spain’s Air Navigation Law obliges airlines to “transport not only the passenger, but also, and without charging anything for it, the objects and hand luggage they carry”. This ruling is another in a series of disputes between Spanish courts and low-cost airlines; in October 2024, Spain’s Ministry of Consumer Affairs fined five low-cost airlines for hidden fees, with Ryanair receiving the largest fine of EUR 197 million (£149 million). The case in Salamanca was also backed by consumer rights group Facua and marked their fifth court case win over Ryanair and Vueling airlines regarding baggage charges. This year, in San Sebastián, Vueling was ordered to refund a passenger 11 EUR (£9.24).
In response to the ruling, a Ryanair spokesperson gave the following statement:
“Ryanair allows each passenger to carry a generous (40 x 25 x 20 cm) personal bag on board as part of the basic air fare, with the option to add extra bags for an optional fee should they so wish. This policy promotes both low fares and consumer choice, and is fully compliant with EU law, as upheld by several recent Spanish court rulings, including in Coruña, Segovia, Ontinyent, Seville, and Madrid.”
A Precedent for Air Travel?
Lawyers and legal experts have commented on the potential for this and other similar cases to set a precedent for the implementation of add-on fees for many airlines, despite the fact that many passengers already accept the fees as a condition of travel. Regarding the case, Daniel Scognamiglio of the law firm Blake Morgan issued the following statement to The Telegraph:
“It was a small claims process, so the authority of the judgment could be brought into question, but it does show how courts are likely to deal with this issue and the judgment is going to be persuasive. The judgment is likely to cause further difficulties for an airline not being completely transparent in its charges. It is also likely that passengers in the UK and elsewhere may well challenge charges for taking hand luggage on board a flight.”
Spanish lawyer Isaac Guijarro was similarly positive in his assessment of the case, saying that it was “a huge win for travellers everywhere” and showed that “Ryanair can’t get away with treating passengers like walking ATMs”. However, some passengers and experts warn that with the scrapping of baggage fees, a major revenue source for budget airlines, many airlines may opt to charge more to make up the missing income. As Ryanair expands its route selection for Summer 2025, it remains to be seen how this will affect the airline during its busy period.
Have you ever been stung by oversize luggage fees? Do you think airlines should scrap hand luggage fees? Let us know in the comments.
