Ryanair passengers could claim back their hand luggage charges after Spanish court said airline’s rules were ‘abusive’
RYANAIR passengers could claim their fees back for their hand luggage after a Spanish court ruled the fees as "abusive".
The ruling came after a passenger complained about the airline's policy, which was introduced last year.
The new rules mean passengers are charged an additional fee on top of their ticket to bring luggage that's bigger than a personal bag into the cabin.
The passenger, travelling from Madrid to Brussels, went to court after airline staff forced her to pay €20 (£17) to bring her 10kg luggage on board.
The court ordered Ryanair to refund her the €20 plus interest, but rejected her demand for compensation of a further €10 (£7) for the suffering she experienced, according to court documents.
The judge ruled that the hand luggage, by size and weight, could be easily carried in the cabin, pointing to a Spanish regulation that allows passengers to take hand luggage on board at no additional cost.
The judge characterised the charge as abusive, adding that it "curtailed the rights that the passenger has recognised by law", and declared it invalid in Spain.
She rejected the demand for compensation, however, saying that while doubtless "the passenger suffered rage and powerlessness in having to pay the extra unforeseen cost at the time of boarding" the discomfort did not reach a level that would justify compensation.
The court said in a statement that its ruling cannot be appealed.
While there is no similar regulation in the UK, the court case could lead to other passengers claiming their hand luggage charges back through legal channels.
Spanish consumer group FACUA-Consumidores en Acción slammed the airline last year and claimed they were "breaking the law" for not allowing free bags on the plane, in accordance with Spain's Law of Air Navigation.
Ryanair said in a statement: "This ruling will not affect Ryanair's baggage policy, either in the past or in the future, as it is an isolated case that misinterpreted our commercial freedom to determine the size of our cabin baggage.
When asked if it was planning to ignore the Spanish ruling or appeal it in the European Court of Justice, Ryanair declined to comment.
Ryanair passengers in the UK must pay £8 to take a cabin-sized bag no more than 10kg into the hold.
If it is too big for the airline - measuring more than 55cm x 40cm x 20cm - then they charge £25 to put it in the hold.
Most read in travel
Earlier this year, retailers including Argos and Debenhams were found to be selling hand luggage for Ryanair which wouldn't actually fit within the airline's dimensions.
A woman managed to avoid paying additional hand luggage charges by wearing 2kg of her clothing at the airport.
We've also rounded up the best carry-on suitcases to travel with - just in time for Christmas.