Public prosecutor's office in Spain takes action against low-cost airlines for carry-on luggage charges

Edurne Martínez

Madrid

Wednesday, 26 March 2025, 22:49 | Updated 23:02h.

One more step has been taken against the "abusive practices" applied by the low-cost airlines that were sanctioned by Spain's ministry of consumer affairs. The office of the state public prosecutor ('Fiscalía') has announced that it will defend consumers and air transport users in the high court that is handling the ongoing and contentious legal proceedings involving the five airlines (Ryanair, Vueling, easyJet, Norwegian and Volotea - the five that are being fined). The proceedings were opened in 2023 and last November the ministry set the fine amount at a total of 179 million euros.

Ryanair will be the most affected by the penalty once the objections and counter-claims are resolved in the Audiencia Nacional high court for civil proceedings, since for this airline the fine amounts to 107.78 million euros, 60% of the total fine to be levied should the high court rule against their appeal. Vueling, meanwhile, will have to cough up 39.26 million euros, easyJet 29.1 million euros, Norwegian 1.6 million euros and Volotea 1.2 million euros, as confirmed by the ministry.

The public prosecutor's office explained in a press statement that these practices consist of, for example, demanding the payment of a supplement to take hand luggage into the cabin. The statement mentions that a surcharge is also demanded on top of the prepaid ticket price to reserve adjacent seats when there are minors or dependent persons and their companions. The same department also considers as an abusive practice the fact that payment in cash is not allowed in Spanish airports and that "a disproportionate and abusive fee is imposed on passengers for the printing of the boarding pass."

The public prosecutor's office further highlights the "misleading omissions of information and lack of clarity in the prices published both on its [the airline's] own website and those of third parties, making it difficult for consumers to compare prices and for them to make a decision."

The ministry of consumer affairs in Madrid welcomed the step taken by the public prosecutor's office and reiterates its "determination to defend the rights of consumers to the very end, before any institution or body." In its press statement it said: "Our aim is that no citizen in Spain or in Europe should ever again have to pay for what the law says is a right."

The airlines reaffirm that the policy of charging for cabin baggage is "totally legal". In a formal response to SUR, Spain's main airline association (ALA), which represents most airlines operating in Spain along with air traffic management, points out that regulation 1008/2008 recognises the freedom of airlines to set their air fares. In addition, ALA stated that the Spanish government's current position on this matter would leave Spain as the only EU country where they want to ban this practice, which generates a "competitive distortion between operators and between markets." ALA added that "Common rules should be established for the whole of Europe so as not to cause distortion in the single European market."

Despite the sanction, the obligation to pay for hand luggage does not automatically end. The airlines have appealed to the Audiencia Nacional and may not apply the measure until there is a final ruling. The ministry of consumer affairs has made it clear that the resolution of this matter rests with the high court, but that, "at the moment it becomes effective, the airlines will have to pay the fine and these practices will automatically be banned."

In addition to the fines, the sanction prohibits the continuation of the following practices:

-A supplement being required to pay in order to carry hand luggage into the cabin.

-A surcharge being applied to the ticket price to reserve adjacent seats in the case of minors and dependent persons with accompanying persons.

-Not allowing cash payments at Spanish airports.

-Imposing a disproportionate and abusive fee on passengers for printing boarding passes at check-in.