The recent decision of theBraga District Courtto make itillegalfor airlines tocharge additional feesfor passengers carrying cabin bags was described as “historic and unprecedented.”
HighlightsThe Braga District Court ruled it illegal for airlines to charge additional fees for cabin bags.This decision is historic and unprecedented in Portugal but aligns with prior EU Court of Justice rulings.Ryanair is ordered to refund passengers for hand luggage fees, deemed a violation of consumer rights.Despite the ruling, Ryanair and other low-cost carriers defend their policies and do not plan immediate changes.
“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.
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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 Ryanaircannot imposeadditional charges for unchecked luggage that meets specific dimensions (55x40x20cm) and complies with safety regulations.
“The consumer cannot anticipate that the transport of hand luggage is subject to an additional fee,” the rulingread.
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 topay for itis akin to compelling them to purchase an extra service.
António Oliveira Mestre, the judge responsible for theverdict, ordered Ryanair to refund the consumer for the fees she was charged, arguing that the carrier had “seriously harmed her rights as a consumer.”
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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.
The Braga court’s decision comes after similar actions across Europe. In Spain, the Ministry of Consumer Affairs fined carriersRyanair, Vueling, and EasyJet 150 million euros earlier this year for unfairly charging passengers for handluggage.
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.
“Airlines are not obliged to change any of the practices adopted until now,” said a Airlines Association (ALA) representative.
“We already allowpassengersto 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.You May Like30 Of The Most Savage Roasts From Ryanair’s Social MediaAustėja Akavickaitė40 American Norms That Baffle The Rest Of The World, As Shared In This ThreadMindaugas Balčiauskas
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