The fine would violate the freedom to set fares. Spain, through the Minister for Consumer Rights, defends its position and announces an appeal to the EU Court, while Ryanair responds by reducing flights

The European Commission has formally opened an infringement procedure (INFR (2025) 4019) against Spain concerning the € 179 million in fines imposed in 2024 on five low-cost carriers (Ryanair, easyJet, Norwegian, Vueling and Volotea) for fees applied to hand baggage and other ancillary services. The Commission considers that Spanish national legislation, in particular the air navigation law, is not fully aligned with European Union air services law. According to the formal notification sent to Madrid on Wednesday 8 October, the Spanish measures limit the freedom of air carriers to set prices for ancillary services.

The Commission’s position and the hand-baggage issue

In its press release, the EU executive body stressed that although the Court of Justice of the European Union (CJEU) has ruled that hand baggage should, in principle, be free provided it meets reasonable weight and size requirements, baggage exceeding those requirements is instead subject to the airlines’ freedom to set prices. The Commission argues that Spanish law prevents airlines from charging an additional fee for the carriage of any hand baggage, thereby limiting their ability to differentiate fare bundles that do or do not include a supplement for larger hand luggage.

Spain now has two months to respond to the objections raised. If the issues are not resolved, the procedure could culminate in a referral of the case to the CJEU.

The political clash and the airlines’ reaction

Spanish Minister for Consumer Rights, Pablo Bustinduy, sharply criticized Brussels’ decision. “It is deplorable that the European Commission has decided to openly side as a lawyer for this handful of large multinationals that are profiting at the expense of consumers’ rights", the minister said, confirming the government’s intention to defend its position “with all rigor” before the EU Court. The Spanish fines, imposed for practices deemed “abusive” (which also included charges for printing the boarding pass and seat selection for accompanying minors), are already subject to appeals in Spanish courts, which in June temporarily suspended their enforcement, allowing the airlines to maintain their fare policies.

At the same time, Ryanair intervened in the dispute by announcing on 8 October the reduction of 1.2 million seats in its Summer 2026 schedule for regional Spain and the cessation of all flights to and from Asturias airport. The Group CEO, Michael O’Leary, directly linked the cuts both to the “illegal fines” imposed by Minister Bustinduy and to the increase in airport charges by Aena, the Spanish airport operator, accusing the government of failing to act against tariff hikes and of hindering the growth of regional traffic (see AVIONEWS).

Supporting the carriers’ position was Airlines for Europe (A4E), the association of European ones, which defended “consumer choice". In a statement, A4E argued that passengers should decide which services to pay for, not regulators, reiterating that including a piece of hand baggage in the base offer is already common practice among its members (see AVIONEWS).