EXCLUSIVE What Ryanair hand luggage court ruling could mean for UK passengers, according to aviation legal expert... and will it lead to pricier air fares?

Daily Mail​

19-05-2025

Ryanair being told to refund a passenger £124 over hand luggage charges could see budget airlines charge a pricier 'all inclusive' fare, an aviation legal expert warned today.
A landmark court ruling in Salamanca, Spain, earlier this month decided that hand luggage is an essential part of air travel and should not be subject to extra fees.
The passenger involved in the case will be reimbursed £124 (€147) for hand luggage costs charged on five flights between 2019 and 2024 following the judgment.
Kevin Bodley, a consultant at Steele Raymond LLP Solicitors, which specialises in aviation law, said the decision has 'potentially significant implications' for English law and air travel policy.
He added that the ruling raises the likelihood that airlines in Spain will be forced to change policies to allow all standard sized cabin bags within a standard fare.
This could also lead to challenges on the legality of similar fees 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 hand luggage is 'an indispensable element of passenger transport and that its carriage cannot, therefore, be subject to a price supplement'.
The passenger's claim was backed by Spanish consumer rights organisation Facua, in the latest case during a long-running battle against budget airlines.
The group has now won five rulings in recent months relating to hand luggage, against Ryanair and Vueling.
Facua has relied on article 97 of Spain's Air Navigation law which states that airlines are 'obliged to transport not only the passenger, but also, and without charging anything for it, the objects and hand luggage that they carry' with them.
What is Ryanair's existing bag policy?
All passenger fare types include a small personal bag, which must fit under the seat in front of you.
This can be a handbag, laptop bag or backpack, and must measure 40x20x25cm.
For those requiring additional baggage allowance, there are further options.
You can buy a cabin baggage allowance, allowing you to take a case weighing up 10kg on board with you which must be stored in the overhead locker and measure 55x40x20cm.
The price for this is £6 to £36 at the time of booking, or £20 to £60 post-booking or at the airport.
You can also buy checked baggage with a maximum of 10kg or 20kg. This must be dropped at the airport check-in desk before security.
The 10kg price is £9.49 to £44.99 at the time of booking, or £23.99 to £44.99 post-booking or at the airport.
The 20kg bag cost is £18.99 to £59.99 at the time of booking, or £39.99 to£59.99 at the airport.
Customers who bring an oversized bag (over 55x40x20cm) to the gate must check it in upon payment of a fee of £70-£75.
Mr Bodley believes the rulings could now encourage passengers to challenge similar fees in English courts, potentially leading to a change in the law or airline policies and terms of carriage.
He told MailOnline: 'The core issue is whether airlines can justify imposing extra charges for basic passenger entitlements in an attempt to lower headline fares which consumers argue are traditionally included in the ticket price.
'The emphasis in Spain at least appears to be protecting passengers from less transparent additional pricing structures that can lead to unexpected costs.'
Mr Bodley said the implications of the rulings were 'not limited to individual refunds' and could 'force airlines to revise their entire pricing strategies, particularly when flying to or from Spain'.
He added: 'For budget airlines, which often rely on unbundled pricing models where most service elements carry additional costs, this represents a significant regulatory challenge to carriers' practices.
'The issues are financially significant and crucial to their business and are unlikely to be surrendered without a fight.'
Consumer groups believe airlines are trying to 'maximise revenue at the expense of clarity and fairness', Mr Bodley said, adding that the decisions 'could force budget airlines to become more transparent in their marketing and pricing'.
He also said: 'As more passengers become aware of their rights and are willing to challenge questionable charges, airlines may need to reassess what services are considered 'optional' versus those that are part of the basic travel experience.'
Mr Bodley said Spain's Ministry of Consumer Affairs has spent years ramping up oversight of airline pricing practices, particularly among budget operators.
And he added: 'For passengers, these rulings help to create a clearer understanding of passenger rights and possibly a judicial trend.
'Those who have been historically paid similar extra charges may now be encouraged to demand reimbursements or take legal action. The jurisprudence of the Spanish courts suggest a willingness to look favourably on such claims.
'Airlines operating in or out of Spain may now be forced to adopt clearer charge structures and more consumer-friendly policies, or further legal repercussions and reputational damage.'
Mr Bodley described the latest ruling as a 'pivotal moment in the ongoing battle between budget airlines and passenger rights advocates'.
He concluded: 'By confirming that hand luggage is an essential component of air travel and should not incur extra charges, the court has delivered a clear message against hidden airline fees.
'This verdict not only benefits the individual passenger but also sets a legal precedent forcing airlines to alter pricing structures throughout Spain and potentially influence broader European air travel policies.'
While the Spanish judgment does not directly apply in English law and is not binding in the UK, he believes it could 'influence legal reasoning and consumer rights discussions in the UK and may be regarded by the courts as being of 'persuasive authority' as justification for applying it'.
Mr Bodley said: 'The consequences of the decision, and any future litigation or regulation, could result on changes in airline terms of carriage.
'If so, this may also lead to increasing passenger charges if a single 'all inclusive' fare price is mandated. Perhaps that might also create a 'fare wars' from which consumers might benefit.'
However, the decision itself may also be open to challenge by the airlines.
Although the ruling claims to be based on the 2014 decision of the European Court of Justice, there is a counter-argument claiming it actually breaches that decision and ignores the 'supremacy principle' of EU law.
This principle is that when the domestic law of a member state conflicts with EU law, it is EU law that takes priority.
If that was to be the case, the latest ruling would be unlawful and of no effect.
As for Ryanair, the airline has insisted its policy is legal in Spain and has pointed to various different rulings at courts in the country that it says have confirmed this.
A Ryanair spokesperson said: 'Ryanair allows each passenger to carry a generous (40x25x20cm) personal bag on board as part of the basic air fare, with the option to add extra bags for an optional fee should they so wish.
'This policy promotes both low fares and consumer choice, and is fully compliant with EU law, as upheld by several recent Spanish court rulings, including in Coruña, Segovia, Ontinyent, Seville, and Madrid.'
Other airlines and Spain's Airline Association also believe that charging for hand luggage is legal under EU law.
The law states that: 'Community air carriers and, on the basis of reciprocity, air carriers of third countries shall freely set air fares and air rates for intra-community air services.'
Separately, Ryanair said today that it had seen annual earnings tumble 16 per cent after slashing air fares to help boost demand, but revealed prices are to rise as it seeks to return to growth.
The budget carrier reported pre-tax profits of €1.78billion (£1.5billion) for the year to March 31, down from €2.13billion (£1.79billion) after average fares fell 7 per cent.
Profits after tax were also 16 per cent lower at €1.61billion (£1.35billion).
Passenger numbers grew 9 per cent to 200.2million in the year, but the group said it expects growth of just 3 per cent in 2025-26 due to delayed deliveries of Boeing aircraft.