Condemos to Ryanair receiving a supplement for hand luggage

The airline maintained in both cases that it is free to set its own prices and relied on a ruling from a court in San Sebastián to defend charging passengers. The magistrate of Palma disagrees and points out that the transport of hand luggage is an "essential element".

The ruling is based on criteria set by the Court of Justice of the European Union. That body established that checked baggage "is not a mandatory or essential service", but that hand luggage is. The magistrate adds: "Such a difference in treatment is logical and reasonable because while checked baggage implies an increase in costs for the airline by carrying more weight and needing ground personnel, it does not assume them in hand luggage." Therefore, it considers that the supplement charged by Ryanair is not justified.

The claims of the two passengers refer to suitcases or small backpacks that they carried in addition to another smaller package. The judge understands that it is about the transport of clothes and other similar effects and that this luggage can be accommodated in the cabin without any problem by the company.

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«Contrary to what Ryanair states regarding the rates applicable to hand luggage, it is not covered by the EU regulation and can only be considered abusive by curtailing the rights that the passenger has recognized by law, generating a serious imbalance of benefits between the contracting parties to the detriment of the consumer". Thus, it cancels the payment and obliges the company to return the fifty euros charged plus interest in an identical manner in both resolutions.

Obligation to carry the traveler and their packages

The Court of Justice of the European Union ruled in 2014 that airlines have the obligation to transport travelers "and within the price of the ticket" along with luggage with the "weight and volume" limits set by the regulations but with no limit on the number of packages to carry in the cabin.