Andalucía sancionará a Ryanair por equipaje de mano extra

The Ministry of Health and Consumer Affairs has announced that it will sanction Ryanair Airline for charging a fee for carrying hand luggage, following complaints filed by Facua Sevilla on behalf of five members.

According to sources from the ministry confirmed to European press, this sanction file is still in process, so the amount of the economic penalty is set at 46,250 euros for the «serious» offense, it is only a proposal as it may vary from here to conclude with respect to the final processing.

In this regard, Facua Sevilla filed complaints requesting the offense to be classified as «very serious», which would increase the fine amount to between 60,001 and 1,000,000 euros. «The resolution proposal cites up to 22 court rulings where the illegality of these practices was determined,» the association said in a statement.

The consumer organization argued in its writings that these charges are an «abusive» practice that violates air navigation law, which states that «the carrier shall be obliged to carry free of charge in the cabin, as hand luggage, objects, the objects, the objects, the objects, the objects and packages the traveler carries with him» and only makes an exception for «reasons of safety related to the weight or size of the object in relation to the characteristics of the aircraft.»

Likewise, Article 82 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the general law for the defense of consumers and users and other complementary laws, collects as «abusive clauses» all those «that are not negotiated. In addition to those that «limit the rights of the consumer and user, determine lack of reciprocity in the contract, and are disproportionate in relation to the improvement and execution of the contract,» among others.

With this new sanction, the Andalusian government recognizes the resolution proposal to accuse the carry-on baggage as an «abusive» clause and punishable with a fine, in accordance with Law 13/2003, from December 17, in defense and defense and Defense. This resolution proposal to Ryanair by the Andalusian Board adds to the 107.8 million euro fine imposed by the Ministry of Social Rights, Consumption, and Agenda 2030 for charging hand luggage and other irregularities.

Complaints about the perception of an additional fee for luggage have already led to fines of 179 million euros compared to five airlines. In addition to the over 107 million for Ryanair, the Ministry of Social Rights has fined four other airlines, with 39.2 for EasyJet, 29.1 for Norwegian, 1.6 for Volotea, and 1.2 million euros for the same practices, as indicated by the consumer organization.

In this context, FACUA stated that users have the right to claim a refund of these additional charges and emphasized that they handle «numerous cases» in defense of affected consumers. In cases where airlines have responded negatively, the association has filed complaints with the consumer authorities of their autonomous communities requesting sanctions and legal action. Consumers can do this at no cost, as for amounts under 2,000 euros, it is not mandatory to go with a lawyer.

Whenever a consumer files a complaint that falls under the jurisdiction of the consumer administration, the same analysis is carried out.

The consumer administration is entrusted with defending the rights and interests of consumers. Regarding market discipline, this administration acts, either in the office, conducting inspection campaigns to monitor compliance with regulations in a specific sector or at the request of a party, as a result of claims and complaints from users.

In both cases, if violations are detected, the initiation of a sanction procedure is agreed upon, in which the Company can present the accusations and propose the evidence they consider appropriate in defense of their interests. The procedure ends with the issuance of the resolution, which may include the imposition of a fine for the offenses committed. In comparison with the resolutions issued, appeals can be made administratively, and ultimately, appeals can be filed.

FUENTE