Ryanair forced to refund £38 hand luggage fine in legal first as huge precedent set | World | News

In a landmark decision for consumer rights, a judge in Valencia has ordered Ryanair to refund €46 (£38) to a passenger who was charged an additional fee for a backpack.

The court ruled the charge as abusive, marking a significant victory for travellers facing hidden airline fees.

The ruling from the Court of First Instance Number Ten in Valencia declared the charge unlawful, citing Article 97 of Spain’s Air Navigation Law and existing European Union jurisprudence, which affirm that hand luggage is an indispensable part of air travel and should not incur extra costs.

The decision is final and cannot be appealed.

Damien Martinez, a lawyer, recounted how his backpack, which slightly exceeded Ryanair’s stipulated dimensions, was carried between his legs throughout a flight he took in January 2024, without requiring additional services such as hold transport.

Despite this, the airline imposed the surcharge, which Martinez paid reluctantly.

He later took the matter to court, arguing the charge violated his rights as a passenger.

“This ruling reaffirms that passengers have the right to travel with hand luggage without facing hidden or abusive charges,” Martínez said after the verdict.

He emphasized the need for systemic changes to prevent similar practices in the future.

The judgment comes at a time of growing scrutiny on low-cost carriers for their pricing policies. Earlier in 2024, the Spanish Ministry of Consumer Affairs fined five airlines—Ryanair, Vueling, easyJet, Volotea, and Norwegian—€179 million (£148m) collectively for similar practices.

Despite these penalties, many airlines, including Ryanair, have resisted amending their policies, citing plans to appeal the fines in higher courts.

Legal experts and consumer advocacy groups see the Valencia ruling as a crucial step in curbing such practices.

“This decision sets an important precedent,” said consumer rights advocate Maria Gomez. “It demonstrates that passengers have legal recourse, even against industry giants.”

While the ruling is a victory for Martinez, the lawyer had to navigate a maze of bureaucratic obstacles before reaching the courtroom.

Both the Generalitat Valenciana’s Consumer Affairs Directorate and the State Aviation Safety Agency (AESA) declined to take up his case, directing him instead to pursue legal action.

“This lack of institutional support discourages most passengers from seeking justice, especially when the cost of litigation exceeds the disputed amount,” Martinez said.