RULING PROTECTS LOW FARES IN BELGIUM – TEST ACHATS WILL NOT APPEAL

Ryanair today (Thurs, 26 Feb) welcomed Test Achats’ decision not to appeal the recent Brussels Court ruling (28 Jan) which confirmed that Ryanair’s cabin bag policy fully complies with EU law and the CJEU’s authoritative Vueling judgment. The Court acknowledged that every Ryanair passenger is entitled to carry on board a free underseat bag of reasonable size and weight, capable of holding their personal effects and meeting all safety requirements. The Court expressly rejected the claim that airlines must include a larger overhead‑locker bag in the basic fare.

In its judgment, the Court stated “It cannot be argued that RYANAIR does not comply with Article 23 of Regulation 1008/2008… Ryanair’s bag policy meets the requirements of Regulation 1008/2008, as specified by the Court’s case law”.  The Court continued: “Neither Article 23 nor the Vueling caselaw requires an air carrier to accept free carryon baggage of a size larger than that authorised by RYANAIR…” and added “TEST ACHATS’ argument that RYANAIR is legally obliged to include… free carriage of carryon baggage to be placed in the cabin luggage compartments is not upheld… This grievance lacks merit”.

This final and binding ruling brings Belgium into line with a long list of authoritative judgments across the EU which have upheld Ryanair’s cabin bag policy, including rulings by the Italian Council of State, the Berlin Regional Court, the Berlin Higher Regional Court, as well as the Barcelona, Valencia, Valladolid, Sevilla and Madrid courts in Spain. These Courts have consistently ruled that Ryanair’s free underseat bag satisfies EU law requirements and that airlines are free to set prices for optional services such as larger cabin bags and 10kg checked bags.

The Brussels Court also dismissed Test Achats’ claims against other Ryanair policies. On Ryanair’s demand-based pricing, the Court found “This grievance lacks merit”. On seat choice, it held “It cannot be considered that the way in which RYANAIR operates is likely to significantly impair the consumer’s freedom of choice”.  On family seating, the Court concluded “It cannot be argued that RYANAIR’s practice is illegal.  This grievance lacks merit”.  With respect to Ryanair’s bag presentation, the Court stated “This is not objectionable… This grievance lacks merit”.

Ryanair’s Dara Brady said:

“We welcome Test Achats’ decision not to appeal this clear and comprehensive ruling confirming – once again and in line with EU and national courts across Italy, Germany, Spain, and the CJEU – that Ryanair’s cabin bag policy fully complies with EU law. Ryanair’s free underseat bag meets all EU legal and safety requirements, which is why Ryanair customers continue to enjoy Europe’s lowest fares by choosing only the optional services they wish to purchase. This Belgian ruling protects low fares and choice for Belgian consumers just as Governments around Europe are realising that low fare air connectivity is critical to economic growth and to Europe’s competitiveness.”