Since acquiring the ability to monitor compliance with consumer protection laws by companies in 2022, the Government has made extensive use of this prerogative, focusing especially on online commerce and housing platforms. tourism companies, real estate companies and low-cost airlines.
Precisely, yesterday the Ministry of Social Rights, Consumption and Agenda 2030 – the one that has the powers in this field – scored a goal by firmly and for the first time interposing a sanction described as ‘very serious’. The sanction falls on the main low-cost airlines operating in Spain, Ryanair, Vueling, Easyjet, Norgewian and Volotea. The amount, in turn, amounts to 179 million euros, 60% of which Ryanair will have to pay.
It is the highest penalty that the Government has imposed since two years ago, and thanks to the reform of the General Law for the Defense of Consumers and Users, it adopted a competence that until then only the autonomous communities had.
As explained by the Ministry to ABC, since then twenty files have been closed, of which nine have ended in a final sanction and five are pending waiting for the appeals to be resolved. In turn, six of the files have been resolved through an agreement with the companies to avoid the sanction.
Beyond this, among the most important procedures that are currently underway are the files opened against several real estate agencies for charging illegal commissions. (they face fines of one million euros)to e-commerce operators for applying allegedly misleading discounts during the ‘Black Friday’ campaign (two fines worth 90,000 euros have already been imposed) and to tourist apartment platforms for advertising homes without a license (fines can reach 100,000 euros ).
The most important case was that of the airlines, and if the sanction far exceeds those that have been filed so far it is because the facts are classified as ‘very serious’.
According to the Ministry, this qualification is granted when the fact investigated fails to comply with any of the aggravating conditions of the General Law for the Defense of Consumers and Users, such as recidivism, taking advantage of situations of need or circumstances of vulnerability of consumers, or if a serious social alteration occurs, among other things.
Airlines defend themselves
In any case, Consumer Affairs has a certain margin to act on companies, and yesterday’s accusations from Ryanair were along those lines, which in a very harsh statement He assured that the department headed by Bustinduy “acts for political reasons” and “invents” fines that are “unfounded and illegal” for being contrary to EU legislation regarding hand luggage.
The aforementioned companies can appeal the sanction in court, which Ryanair assures that it will do because its “baggage policies have been approved in multiple hearings in Spanish and EU courts,” the Irish firm insisted in the statement. With the latter, the company refers to a ruling from the Barcelona Court in September of this year and a response from the European Commission to a parliamentary question in 2013, two cases that set a precedent in favor of extra costs for hand luggage. that embarks
Along the same lines, yesterday the Airlines Association declared the fine illegal, promised resources and, very importantly, announced that they will continue to charge for luggage unless the courts rule.
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