Brussels files a case against Spain for fining airlines that charge for hand luggage.

BrusselsA harsh blow from the European Commission against the Spanish government's fight to prevent Airlines cover carry-on luggageBrussels opened a case in Spain on Wednesday for fining five airlines—Ryanair, Vueling, EasyJet, Norwegian, and Volotea—for carrying out this practice and is urging them to modify the Spanish legislation that regulates the charging of bags taken into the cabin. This warning from the EU executive is the first step toward a potential fine in Spain, which could avoid the sanction if it implements the reforms requested by Brussels.

The Spanish government based its decision to fine the airlines on a ruling by the Court of Justice of the European Union (CJEU), which states that airlines cannot charge for any type of hand luggage. However, Brussels points out that the Luxembourg court's ruling also indicates that companies can set "reasonable" conditions for charging, such as the size and weight of the luggage.

The Brussels notice warns that Spanish regulations do not allow "charging an extra fee on hand luggage" under any circumstances, something that goes against "the freedom of companies to set prices." In this sense, the European Commission considers that Spanish law should "differentiate" between the service of being able to carry limited and smaller luggage, which is a "necessary aspect of transport," and the service of being able to carry "larger hand luggage."

Starting this Wednesday, Spain has a two-month period to respond to the formal notice that Brussels has sent by letter. If the European Commission considers the response unsatisfactory, the European executive "may decide to send a reasoned opinion" to the Spanish government. If Spain's measures do not convince Brussels, the European Commission may refer the case to court, and the CJEU may fine the State.

The current European regulations on charging for hand luggage have various interpretations, both by Member States and by airlines. In this context, state governments agreed last June on a new directive allowing airlines to charge for oversized and heavy hand luggage, a decision that was voted against by Spain. On the other hand, the European Parliament approved a ruling in favor of prohibiting airlines from charging for hand luggage.

The Spanish government is on the cusp of a confrontation.

Consumer Affairs Minister Pablo Bustinduy has accused the European Commission of adopting "Ryanair's arguments" and described it as "regrettable" that it acts as "the advocate for a handful of large multinationals that are profiting at the expense of consumer rights." "It is regrettable that the European Commission is so weak and soft in the face of the powerful," said the Sumar leader in statements to the media.

Thus, far from showing a willingness to reform Spanish regulations, the Consumer Affairs Minister has warned the European Commission that he intends to keep open the investigation and sanction processes against the airlines and that he will defend the Spanish government's position wherever necessary. He has even threatened to end up in the European Courts of Justice.