What Ryanair Hand Luggage Court could mean for British passengers, according to the legal expert of Aviation … and will this lead to more expensive air rates?

Ryanair is told to repay a passenger £ 124 about hand baggage costs, could see that budget airlines charge a more expensive ‘all -inclusive’ rate, warned a legal expert of aviation today.

A milestone of the court ruling in Salamanca, SpainEarlier this month that decided Hand luggage is an essential part of air travel and may not be subject to additional costs.

The passenger involved in the case is reimbursed £ 124 (€ 147) for hand bag costs that will be charged on five flights between 2019 and 2024 after the judgment.

Kevin Bodley, a consultant Steele Raymond LLP PlaticitorsThat specializes in aviation legislation, said that the decision has ‘potentially important implications’ for the English legal and flight travel policy.

He added that the ruling increases the chance that airlines in Spain will be forced to change the policy to enable all standard format cabin bins within a standard rate.

This can also lead to challenges on the legality of similar fees that are levied by other airlines, some of whom allow a free small personal bag, but charge for larger bags.

The Spanish judgment was based on a decision by the European Court of Justice in 2014, in which it was said that hand luggage is ‘an indispensable element of passenger transport and that transport cannot therefore be subject to a price supplement’.

The passenger claim was supported by the Spanish organization for consumer rights Facua, in the latter case during a long -term fight against budget airlines.

In recent months, the group has now won five statements with regard to hand luggage, against Ryanair and Vueling.

Facua has familiar with Article 97 of the Spanish Aerial Navigation legislation, which states that airlines ‘are obliged to transport not only the passenger, but also, and without asking for anything, the objects and handcagage they wear’ with them.

Mr Bodley believes that the statements can now encourage passengers to challenge similar reimbursements in English courts, which may lead to a change in the law or aviation policy and conditions.

He said MailOnline: ‘The core problem is whether airlines can justify that additional costs for basic passenger rights can be imposed in an attempt to lower the rates that, according to consumers, are traditionally included in the ticket price.

“In any case, the emphasis in Spain seems to protect passengers against less transparent additional price structures that can lead to unexpected costs.”

Mr Bodley said that the implications of the statements’ were not limited to individual refunds’ and airlines could force their full price strategies to revise, especially when they fly to or to Spain ‘.

He added: ‘For budget airlines, which are often dependent on dismissed price models where most service elements entail extra costs, this is an important regulatory challenge for the practices of the carriers.

“The issues are financially important and crucial for their company and it is unlikely that they will be surrendered without a fight.”

Consumer groups believe that airlines try to “maximize income at the expense of clarity and fairness,” Mr Bodley said, adding that the decisions can force budget airlines to become more transparent in their marketing and prices’.

He also said: “As more passengers become aware of their rights and are willing to challenge questionable charges, airlines may have to reassemble which services are considered ‘optional’ versus those who are part of the basic travel experience.”

Mr Bodley said that the Spanish Ministry of Consumer Affairs has spent years on increasing supervision of price practices of airlines, in particular among budget managers.

And he added: ‘For passengers, these statements help to create a better understanding of passenger rights and possibly a judicial trend.

‘Those who have been paid historically can now be encouraged similar extra costs to demand reimbursements or take legal action. The case law of the Spanish courts suggests the willingness to look favorably at such claims.

“Airlines that are active in or from Spain can now be forced to assume clearer load structures and more consumer -friendly policy, or further legal consequences and reputation damage.”

Mr Bodley described the last statement as a ‘crucial moment in the current struggle between budget between airlines and lawyers of the rights of passengers’.

He concluded: ‘By confirming that hand luggage is an essential part of air travel and may not become extra costs, the court has yielded a clear message against hidden airlines.

“This judgment not only benefits the individual passenger, but also sets a legal precedent to force airlines to change the price structures in Spain and possibly influence a broader European air travel policy.”

Although the Spanish judgment does not apply directly to English law and is not binding in the UK, he believes that it could influence legal reasoning and discussions for consumer rights in the UK and can be considered by the courts as ‘convincing authority’ as justification to apply it.

Mr Bodley said: ‘The consequences of the decision and any future lawsuits or regulation can be the result of changes in aviation conditions.

‘If so, this can also lead to increasing passenger costs if a single’ all -inclusive ‘rate price price is mandatory. Perhaps that can also create a ‘tariff wars’ where consumers can benefit. ‘

However, the decision itself can also be open to challenge by the airlines.

Although the ruling claims are based on the 2014 decision of the European Court of Justice, there is a counter argument that claims that it actually breaks that decision and ignores the ‘supremacy principle’ of EU legislation.

This principle is that if the domestic law of a Member State is contrary to EU legislation, this is the EU legislation that has priority.

If that were the case, the last statement would be illegal and not an effect.

As far as Ryanair is concerned, the airline has insisted that its policy is legal in Spain and has pointed to various statements on the courts in the country that it says that this has confirmed.

A Ryanair spokesperson said: ‘Ryanair lets each passenger wear a generous (40x25x20cm) bag on board as part of the basic shipping rate, with the option to add extra bags for an optional fee if they wish.

“This policy promotes both low rates and consumer choice, and is fully met the EU legislation, as confirmed by various recent Spanish court rules, including in Coruña, Segovia, Ontinyent, Seville and Madrid.”

Other airlines and the Aviation Association of Spain also believe that the charging of hand luggage is legal according to EU legislation.

The law states that: “AIR fittings and, on the basis of reciprocity, air carriers of third countries, freely will determine air rates and air rates for intra-community air services.”

Separately, Ryanair said today that it had seen the annual income by 16 percent after reducing the air rates to help stimulate demand, but revealed that prices should rise as it wants to return to growth.

Before taxes of € 1.78 billion (£ 1.5 billion) for the year until 31 March, the budgetline company reported a decrease of € 2.13 billion (£ 1.79 billion) after average rates fell by 7 percent.

The profit after tax was also 16 percent lower at € 1.61 billion (£ 1.35 billion).

The number of passengers grew by 9 percent to 200.2 million a year, but the group said it expected the growth of only 3 percent in 2025-26 due to delayed deliveries of Boeing aircraft.