Last year, the Government of Spain sanctioned with a large Fine to five airlines For abusive practices To passengers. In total, the figure amounted to 179 million euros and affected Ryanair (107,775,777 euros), Vueling (39,264,412 euros), Easyjet (29,094,441 euros), Norwegian (1,610,001 euros) and Volotea (1,189,000 euros).
The measure also implies the prohibition of continuing to execute these practices, but after the appeal by the airlines, The sanction has not yet been applied. The president of the Irish company, Michael O’Leary, came to qualify it as “illegal”, to which he added insults to the Minister of Consumer Affairs, which has confirmed to continue with the defense of consumers. But all this How to affect passengers?
What are abusive practices?
Specifically, the sanction to airlines is due to practices such as charge for hand luggagefor reserving contiguous seats to accompany dependent people or minors, and for not allowing the payment of these extra costs in metallic. Also, also for demanding a disproportionate payment for impression of the boarding card at the airport, by Deceptive information omissions and for the lack of clarity in the prices published on its website and in that of third parties.
In the case of hand luggage, these low cost companies can collect up to € 59 for wearing a cabin suitcase 10 kilos. On the other hand, the rate By reserving a standard seat you can reach the € 45 per route, and for doing the check-in at the airport and receiving paper ship cards, up to € 30.
Government’s position
He Consumer Minister Pablo BustnduyHe said that “there can be no business models that are based on the violation of consumers’ rights or abusive practices” that have classified as very serious, so that the fines can reach between six and eight times the illicit benefit obtained by airlines. In addition to the economic sanction, it also includes “the prohibition of continuing to incur these practices that we consider in accordance with the current legality, which are abusive and that injure the rights of consumers and consumers, “Bustinduy explained.
At the time, the Organization of consumers and users (OCU) applauded the measure of the Ministry and on March 13 he presented a witness lawsuit against Ryanair so that the hand luggage is declared “abusive” in the courts, as already collected by the sanction. Now, the European consumer organization He has also informed the minister his support for penalties, in addition to asking the European Commission “to remain on the side of consumers against companies that abuse consumers and violate European law.”
Low Cost airlines appeal the sanction
From the first moment, The airlines filed resources in contentious-administrative against the sanction of the Ministry of Consumer. For example, for Ryanair the fines are “illegal and unfounded”, while from Norwegian they communicated that they felt “in deep disagreement.”
The president of the Association of Airlines (AA), Javier Gándara, said that the penalty is “disproportionate for the Spanish air and tourist sectors” and that would mean “A clear competitive disadvantage and diverted air traffic to other countries. “For its part, the International Association of Air Transport (IATA) struggled that the measure is”illegal and must be arrested“
In a conference held in January, Ryanair’s legal director said that “the matter will end in the Spanish courts and, ultimately at the request, if they do not cancel the fine, We will raise it to the Court of Justice of the European Union (TJUE)
The airlines will defend in court that the sanction supposes A violation of European Union legislation (Regulation 1008/2008) To defend your practices. Article 22 establishes that community airlines “will freely set the rates and freight of intra -community air services.”
How to sanction passengers
The penalty of the ministry and the prohibition of continuing to apply abusive practices has not yet been executed as it has been appealed by airlines. Thus, airlines continue to charge For carrying hand luggage, booking the seats and printing the tickets at the airport, as well as the rest of the issues collected by the sanction. Lto OCU recommends consumers that keep the documents of the payments to be able to claim them judicially.
For his part, Michael O’Leary has declared that if the sanction thrives, Airlines will be forced to restrict hand suitcasesboth for the ability of airplanes and for the extra time that would be used to manage more luggage. He also said that if the minister does not turn back, Flight prices will go up two to three euros. For now, we will have to wait for May to know what happens with the resources presented by Ryanair and the rest of the airlines.
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