Historic fine for five low-cost airlines for abuses

The Spanish government’s consumer affairs ministry has imposed €179 million in sanctions on five airlines for abuses in areas such as charging extra fees for hand luggage or reserving adjacent seats for accompanying dependents.

Minister of Social Rights, Consumption and the 2030 Agenda, Pablo Bustinduysigned sanctions for abuses against five low-cost airlines for a total amount of about 179 million euros (178,933,631.99 euros).

Authorized practices include charge extra for hand luggage or through reserve nearby seats to accompany dependent people. In particular, the following airlines are subject to sanctions:

• Ryanair: €107,775,777
• Vueling: 39,264,412 euros
• Easyjet: €29,094,441
• Norwegian: €1,610,001
• Volotea: €1,189,000.99

These sanctions conclude an investigation launched by the General Directorate of Consumer Affairs in 2023 regarding actions that were classified as “very serious” violations of the consumer protection rules included in Article 47 of the consolidated text of the General Consumer Protection Law. and Users approved by Royal Legislative Decree 1/2007 of November 16 (TRLGDCU). Moreover, this for the first time a practice classified as very serious was strictly sanctioned The General State Administration for Consumption, whose ministry acquired jurisdiction over sanctions in June 2022.

Along with economic sanctions, the ministry calls on airlines eliminate sanctioned practices. In particular, certified airlines have implemented methods such as:

• Request payment A. surcharge for hand luggage in the cabin (Article 47.1 TRLGDKU, letter j).
• Request payment A. surcharge to the ticket price for booking adjacent seats in relation to minors and dependent persons and their accompanying persons (Article 47.1 TRLGDKU, letter j).
• Do not allow cash payment at Spanish airports (Article 47.1 TRLGDCU, letter ñ).
• Overlay disproportionate and unlawful tax on passengers for printing boarding passes (Article 47.1 TRLGDKU, letter j).
• Misleading omissions of information and lack of clarity in published prices. both on its own website and on third parties, which makes it difficult for consumers to compare price offers and make decisions (Article 47.1 TRLGDKU, letter m).

In addition, Ryanair also sanctioned the practice of charging users a disproportionate amount for printing a ticket at the terminal when they do not have one.

According to the ministry, “To ensure the proportionality and effectiveness of the sanctions imposed, as well as their deterrent effect, the calculation of sanctions is carried out based on the criterion of illegal benefit received, that is, the calculation of the fine is based on the benefit received by the airline for violations of rights, as established by the consumer sanctions regime: for actions classified As very serious, the penalties imposed can be six to eight times the illegal benefit received when it exceeds the amount of the prescribed fines (from 100,001 to 1 000,000 euros)”.

The sanction signed by Minister Bustinduy puts an end to the administrative path. However, affected airlines can file a contentious administrative appeal to the Administrative Chamber of the National Court within two months.