The court provisionally suspends the sanctions imposed on Ryanair and Norwegian for hand luggage.
Both airlines will be able to maintain current fares until a final ruling is issued.
BarcelonaAfter the member states of the European Union agreed a few weeks ago to allow airlines charge for hand luggage, the High Court of Justice of Madrid (TSJM) has also taken a position in this direction. The TSJM has provisionally suspended the sanctions imposed by the Ministry of Consumer Affairs. on Ryanair and Norwegian airlines, which will be able to maintain their current baggage policy until a final ruling is issued. Approved at the end of last year, the fines for abusive practices were €107 million for Ryanair, the highest, and €1.6 million for Norwegian. Other airlines low cost Vueling, EasyJet, and Volotea were also fined.
The court has accepted the precautionary measures requested by Ryanair and Norwegian because it is "evident" that the sum demanded by the ministry is "very high and its advance payment would cause a mismatch and difficulties in the treasury." When imposing the sanctions, Consum explained that the calculation was made using the criterion of illicit profit obtained, that is, according to the profits obtained by the airlines from the infringing practices.
Despite the precautionary suspension of the fines, the TSJM has set bank guarantees of almost 112 million euros—110 million euros for Ryanair and 1.8 million for Norwegian. An appeal against the court's decision can be filed within five days.
For Consumer Affairs Minister Pablo Bustinduy, the decision of the highest court in the Community of Madrid is "normal and predictable in a state governed by the rule of law." While awaiting the final ruling, Bustinduy reiterated that "charging for hand luggage is illegal, as the European Parliament has ratified." In this regard, at the end of 2023, the European Parliament voted in favor of requesting that Travelers can bring one carry-on bag onto airplanes free of charge.
Ryanair: "The freedom to choose and pay"
However, the Association of Airlines (ALA) believes that the court's position "reveals doubts about a sanction that violates European Regulations." It welcomed the judges' position. "It defends Ryanair's right to offer its customers the freedom to choose, and pay for, the baggage they wish to take on board," the airline said. low cost directed by Michael O'Leary, who has called the minister "crazy," "communist," and "stupid""Bustinduy has unlawfully attempted to interfere with and restrict the freedom of airlines," the Irish company added.
