They have asked a Galician judge if Raynair and Vueling can charge for hand luggage. The answer could not be more Galician

Two years later, it will be Europe that contributes its point of view. The answer will be key to deciding whether Ryanair, Vueling or Volotea can charge for hand luggage. The decision falls on a court in A Coruña, after the Public Prosecutor’s Office sued these three companies. Those involved will have to wait to know what the High Court of Justice of the European Union says.

The demand. Ryanair, Vueling and Volotea are three companies that have been operating at A Coruña Airport. All of them are low cost and are known for applying very strict measures when it comes to hand luggage. So strict that passengers have been allowed for years only with a small backpack if they do not want to face an extra cost on their flight.

The Public Prosecutor’s Office, however, considers these practices to be abusive. It is the same line that the Government has followed, which even sanctioned the three for this luggage policy. In that fineRyanair with more than 100 million euros in punishment was the one that had the worst stoppageBut the legality of that fine is in doubt.

And what has happened? That the A Coruña court handling the matter has referred the matter to the Superior Court of Justice of the European Union (CJEU), as explained in The Mediterranean Newspaper. Now, the CJEU must give a reasoned response to the matter and with this response the magistrate will decide. For now, the procedure is suspended.

This occurs because the magistrate handling the matter requires the involvement of Brussels in two questions. The first is whether the European Union’s freedom of pricing regulations go against Spanish regulations that require airlines to allow free travel with hand luggage. And, second, if this extra price on the ticket is an abuse of consumers.

There is nothing clear. It is not the first time that a Spanish magistrate asks the CJEU for help. The question raised refers to a similar decision taken in 2014 in favor of Vueling, but according to the judge, that victory for the airline is not enough to now settle this new confrontation.

And justice itself in Spain has taken decisions that may seem contradictory. In fact, there are two very clear examples:

• The airline wins: last year, in SevilleRyanair won a trial in which it was accused of a position of power by charging for hand luggage.
• The passenger wins: also last year, in SalamancaRyanair lost a trial in which 147 euros were claimed for charging a passenger for a carry-on suitcase on different routes between 2019 and 2024.

Why does it happen? The problem is that the rules that regulate air traffic do not clearly specify what is or is not carry-on luggage. And they do not specify minimum measurements either. This has caused tension in Spain that is repeated.

For the Government, the measures used by low-cost companies They are clearly insufficient to carry the essential luggage. On the contrary, these companies defend that they do allow a backpack to pass under the terms offered and that the law protects them when they decide to price larger packages.

Furthermore, they point out that on their planes there are no spaces for all travelers to carry their luggage in a suitcase, but the Government defends that if the luggage fits under the seat, this cannot be an excuse.

And Europe has already positioned itself. The problem is that Europe has already taken a position repeatedly on this issue. First, we know that the European Union has worked on a new regulation in which it will specify what minimum measures are required… and the problem for Spain is that These measures coincide with those requested by Ryanair on its trips.

Furthermore, the Transport Commissioner of the European Commission seems to have positioned itself clearly in favor of companies. In fact, a file has already been opened against Spain for the fine imposed on Ryanair and the rest of the low-cost companies in relation to the charge for hand luggage.

With everything and until there is a clear ruleit seems that the conflict can be repeated over time.

Photo | Dimitri Karastelev and Ray Freimanis

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