The cheap flight to Spain could be a thing of the past following a groundbreaking court ruling that, on the surface, it appears to be a victory for vacationers who have been added with heavy baggage fees.
Ryanair was ordered by a court in Salamanca, Spain to refund passengers £124 for baggage fees taxed by the airline on five flights between 2019 and 2024. The examiner will determine that the passengers in the luggage are a standard part of the flight and should therefore not be subject to additional charges.
However, aviation experts warn that rather than helping consumers, this will lead to airlines charging more expensive “all-inclusive” fares to flyers.
According to a Spanish court decision, companies operating in the country may include all standard cabin bags within the regular ticket price. Aviation lawyers and consultants for Kevin Bodley, a lawyer for Steele Raymond LLP, said the ruling has “potentially significant” consequences for UK law and airline policies.
The legal decision is based on a 2014 ruling by the European Court of Justice, the email reported. The court held that cabin bags are “an integral part of passenger transport and therefore their transport is not subject to price subsidies.”
However, some airlines continue to charge some large packages and instead allow small cabin bags free of charge. These policies can be challenged following the Salamanca ruling.
The air attorney added that legal challenges to passenger baggage fees could also ripple over to English courts, and that airline policies could change.
Kevin Bodley told the email: “The core question is whether airlines can justify charging additional fees on basic passenger eligibility to lower headline fares that consumers claim traditionally include in ticket prices.
“Spain's focus appears to be at least protecting passengers from an additional, less transparent price structure that could lead to unexpected costs.”
He also argued that the ruling is not limited to refunds, but could modify the international airline's policies regarding travel to Spain.
Bodley added: “For budget airlines that rely on unreleased pricing models where most service elements carry additional costs, this is an important regulatory challenge to airline practices.
“The issues are economically important, businessly important, and unlikely to surrender without a fight.”
Many passengers have long believed that airlines use strict baggage rules to “maximise revenue.” The decision “forces airlines to be more transparent in marketing and pricing,” he added.
He also said, “As more passengers are willing to realize their rights and challenge suspicious rates, airlines may need to reevaluate services that are part of the basic travel experience, which services are considered 'options'. ”
In Spain, this could open up the possibility of more refund litigation as the Ministry of Consumer Affairs has taken a strict regulatory stance against budget airlines in recent years.
An aviation expert explained: “Historically, those who have paid similar additional fees may be encouraged to request a refund or take legal action. The jurisprudence of Spanish courts suggests a willingness to view such claims favorably.”
Bodley said the ruling will be “a crucial moment in the ongoing battle between budget airlines and passenger rights advocates.”
He concluded his analysis and said, “By confirming that baggage is a key component of air travel and that no extra fees should be borne by the court, the court sent a clear message against hidden airline fees.
“The verdict not only benefits individual passengers, but also sets legal precedents that will change the pricing structure across Spain and affect broader European air travel policies.”
However, in the case of the broader European Union, this court's decision is unlikely to cause immediate legal consequences due to the laws of the EU member states that are preferred under the “principles of hegemony” within the laws of the bloc of trade.
A spokesman for Ryanair claimed that the company would comply with Spanish law, saying, “Ryanair argued that each passenger could carry a personal bag loaded with (40x25x20cm) onboard the ship as part of the basic airfare.
“This policy promotes both low fares and consumer choice and is fully compliant with EU law, as supported by recent Spanish court decisions such as Coruña, Segovia, Ontinyent, Seville and Madrid.”
