Spanish National Prosecutor's Office Joins Consumer Rights Battle Against Airlines
Government intervention emphasizes consumer protection in disputes with budget airlines over pricing practices.
The Spanish National Prosecutor's Office has announced its involvement in the legal proceedings concerning five major low-cost airlines—Ryanair, Vueling, EasyJet, Norwegian, and Volotea—amidst allegations of abusive business practices in the aviation sector.
This move aligns the prosecutor's office with the Ministry of Consumer Affairs, which has already imposed significant fines totaling €179 million on these airlines for various infractions.
Key sanctions include charging added fees for cabin baggage, surcharges for reserving seats for minors and dependent individuals, and the prohibition of cash transactions at Spanish airports.
The prosecutor's office also highlighted what it described as 'disproportionate and abusive' charges for printing boarding passes at terminals.
Additionally, there were concerns regarding misleading omissions of information, which have made it difficult for consumers to compare prices across different airline platforms, complicating their purchasing decisions.
Each of the fines levied by the Ministry of Social Rights, Consumer Affairs, and the 2030 Agenda has been contested by the airlines in the contentious-administrative section of the National Court.
Previous to this legal escalation, the Ministry secured the support of the European Consumer Organization (BEUC), which represents associations from 31 countries, further bolstering its stance.
The Minister of Consumer Affairs, Pablo Bustinduy, stated the commitment to prioritize consumer protection over corporate interests.
In response, the Spanish Consumers Organization (OCU) has initiated actions aimed at securing compensation for passengers adversely affected by perceived abuses, particularly targeting Ryanair regarding cabin baggage fees through a 'test lawsuit'.
The prosecutor's endorsement has been received positively by the Ministry, which views it as consistent with its 2018 circular on consumer rights protection.
Ministry officials reiterated their determination to defend consumer rights, emphasizing that no citizen in Spain or Europe should have to pay for what the law guarantees as a right.
They also reinforced their dedication to protecting compliant businesses.
The Airlines Association (ALA), however, has maintained that their cabin baggage fee policies are legal, referencing EU Regulation 1008/2008, which allows airlines to set their own pricing structures.
They contend that the Spanish government’s stance could render Spain the only EU country prohibiting such practices, potentially leading to competitive imbalances in the aviation market.
The resolution against the five airlines, issued in November, concluded a sanctioning process initiated in June 2023, which indicated substantial penalties for prominent low-cost carriers.
Estimates from the Ministry suggested that total fines could exceed €150 million by late May 2024, as appeals processes were underway and companies prepared to defend their practices in regular courts.
Ryanair bears the largest financial penalty of €107.7 million, followed by Vueling at €39.2 million, EasyJet at €29.1 million, Norwegian at €1.6 million, and Volotea at €1.2 million.
The legal appeals reference EU regulation 1008/2008, emphasizing airlines' pricing freedoms and are also backed by a ruling from the Court of Justice of the European Union (CJEU) from 2014 that permitted cabin baggage fees when certain weight and size requirements exceeded reasonable limits.
The Ministry of Consumer Affairs has defended its position as compliant with the same CJEU ruling of 2014, asserting alignment with community legislation.
Within the Spanish government, departments such as Transport expressed concern regarding the potential negative impact on tourism and connectivity, as the fined airlines are significant contributors in these areas.
Calls have emerged for European-level regulatory standards regarding cabin baggage to prevent further disputes.
Until a resolution is reached, the airlines have indicated they will continue to uphold their current pricing policies amidst ongoing judicial challenges.
This move aligns the prosecutor's office with the Ministry of Consumer Affairs, which has already imposed significant fines totaling €179 million on these airlines for various infractions.
Key sanctions include charging added fees for cabin baggage, surcharges for reserving seats for minors and dependent individuals, and the prohibition of cash transactions at Spanish airports.
The prosecutor's office also highlighted what it described as 'disproportionate and abusive' charges for printing boarding passes at terminals.
Additionally, there were concerns regarding misleading omissions of information, which have made it difficult for consumers to compare prices across different airline platforms, complicating their purchasing decisions.
Each of the fines levied by the Ministry of Social Rights, Consumer Affairs, and the 2030 Agenda has been contested by the airlines in the contentious-administrative section of the National Court.
Previous to this legal escalation, the Ministry secured the support of the European Consumer Organization (BEUC), which represents associations from 31 countries, further bolstering its stance.
The Minister of Consumer Affairs, Pablo Bustinduy, stated the commitment to prioritize consumer protection over corporate interests.
In response, the Spanish Consumers Organization (OCU) has initiated actions aimed at securing compensation for passengers adversely affected by perceived abuses, particularly targeting Ryanair regarding cabin baggage fees through a 'test lawsuit'.
The prosecutor's endorsement has been received positively by the Ministry, which views it as consistent with its 2018 circular on consumer rights protection.
Ministry officials reiterated their determination to defend consumer rights, emphasizing that no citizen in Spain or Europe should have to pay for what the law guarantees as a right.
They also reinforced their dedication to protecting compliant businesses.
The Airlines Association (ALA), however, has maintained that their cabin baggage fee policies are legal, referencing EU Regulation 1008/2008, which allows airlines to set their own pricing structures.
They contend that the Spanish government’s stance could render Spain the only EU country prohibiting such practices, potentially leading to competitive imbalances in the aviation market.
The resolution against the five airlines, issued in November, concluded a sanctioning process initiated in June 2023, which indicated substantial penalties for prominent low-cost carriers.
Estimates from the Ministry suggested that total fines could exceed €150 million by late May 2024, as appeals processes were underway and companies prepared to defend their practices in regular courts.
Ryanair bears the largest financial penalty of €107.7 million, followed by Vueling at €39.2 million, EasyJet at €29.1 million, Norwegian at €1.6 million, and Volotea at €1.2 million.
The legal appeals reference EU regulation 1008/2008, emphasizing airlines' pricing freedoms and are also backed by a ruling from the Court of Justice of the European Union (CJEU) from 2014 that permitted cabin baggage fees when certain weight and size requirements exceeded reasonable limits.
The Ministry of Consumer Affairs has defended its position as compliant with the same CJEU ruling of 2014, asserting alignment with community legislation.
Within the Spanish government, departments such as Transport expressed concern regarding the potential negative impact on tourism and connectivity, as the fined airlines are significant contributors in these areas.
Calls have emerged for European-level regulatory standards regarding cabin baggage to prevent further disputes.
Until a resolution is reached, the airlines have indicated they will continue to uphold their current pricing policies amidst ongoing judicial challenges.
Translation:
Translated by AI
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