The recent decision of the Braga District Court making it illegal for airlines to charge additional fees to passengers carrying cabin bags was described as “historic and unprecedented.”
The ruling was published this Wednesday (August 11) by the Judicial Court of the District of Braga, Portugal, in a case brought by a consumer against low-cost carrier Ryanair.
“In Portugal, this is the first time we have had a decision of this type, but it is not new in the European Union; in fact, the Court of Justice of the European Union has already ruled in this sense,” explained Otávio Viana, director of the consumer rights association Citizens’ Voice, who has been providing legal support for these cases.
The crux of the issue is that several companies in the sector have been forcing their customers to pay up to 66 euros ($73) for passengers to transport hand luggage, even if it fits in the aircraft’s cabin.
A court in Portugal has declared it illegal for low-cost carriers such as Ryanair to charge passengers extra fees for carrying hand luggage. Experts believe the verdict to be “historic”
Image credits: Ryanair
The court found that Ryanair cannot impose additional charges for unchecked luggage that meets specific dimensions (55x40x20cm) and complies with safety regulations.
The decision set an important precedent by branding the practice as a “violation of consumer rights,” arguing that it is done to purposely mislead consumers into underestimating the final price of the air transport service.
“The consumer cannot anticipate that the transport of hand luggage is subject to an additional fee,” the ruling read.
Image credits: Kristina Paukshtite
Additionally, the court stated that hand luggage is essential for transporting personal items, making it an integral part of the transport contract. The ruling stated that forcing passengers to pay for it is akin to compelling them to purchase an extra service.
António Oliveira Mestre, the judge responsible for the verdict, ordered Ryanair to refund the consumer for the fees she was charged, arguing that the carrier had “seriously harmed her rights as a consumer.”
Image credits: Tranmautritam
For Viana, the ruling will have ripple effects on future cases due to a legal concept called “Res Judicata.”
“It means that the next decision must be the same as the previous one already produced, as long as the cause of the request is the same,” the lawyer explained.
The case is part of a broader legal effort against four budget airlines, with potential compensation reaching up to 10 billion euros
Image credits: Niklas Jeromin
“The verdict is critical in showing people what their rights are, particularly in terms of compensation,” Viana continued and explained.
Citizens’ Voice, his association, estimates the damages caused by this practice to Portuguese consumers might reach up to 10 billion euros ($11 billion).
The Braga court’s decision comes after similar actions across Europe. In Spain, the Ministry of Consumer Affairs fined carriers Ryanair, Vueling, and EasyJet 150 million euros earlier this year for unfairly charging passengers for hand luggage.
Image credits: Ketut Subiyanto
Meanwhile, several EU and UK consumer groups have launched compensation claims against airlines. Deco Proteste and Euroconsumers have jointly demanded refunds for charges levied against Ryanair, Easyjet, Wizz Air, and Vueling. Failure to comply results in further legal action.
Despite the large number of cases and the recent decision by the Portuguese court, Ryanair and other low-cost carriers remain adamant in their defense of their company’s policies.
“Airlines are not obliged to change any of the practices adopted until now,” said a Airlines Association (ALA) representative.
“We already allow passengers to carry one carry-on bag free of charge, as long as it fits on the seat in front and meets reasonable requirements regarding weight and dimensions,” they explained.
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