EU says Spain’s cabin-bag fines infringe on airline freedom to price
October 10, 2025
The European Commission on Wednesday announced that Spain’s imposition of fines on airlines for charging extra for cabin baggage violates EU law. In its formal notice, Brussels stated that the Spanish measures restrict airlines’ freedom to set prices for ancillary services.
“The European Commission decided to open an infringement procedure by sending a letter of formal notice to Spain (INFR(2025)4019) for failing to bring national legislation fully in line with EU law on air services,” the Commission stated.
“Spain’s national Air Navigation Law does not allow airlines to subject the carriage of any hand luggage to an additional charge, restricting airlines’ freedom to set prices and to differentiate between a service that includes the right to an increased cabin baggage allowance, and a service that does not offer that possibility and merely provides the smaller allowance which constitutes a necessary aspect of carriage.”
Spain has fined airlines €179 million for baggage fees
Under the contested policy, Spain fined five low-cost carriers—Ryanair, easyJet, Norwegian, Vueling, and Volotea—a combined total of €179 million in 2024 for applying fees for extra cabin luggage, reservations, and boarding card printing.
The Commission has also determined that these penalties infringe EU regulations and has sent “a letter of formal notice to Spain, which now has two months to respond and address the shortcomings.” If Spain fails to respond, the Commission may refer the matter to the European Court of Justice.
As Reuters reported, Spanish Consumer Rights Minister Pablo Bustinduy accused the Commission of siding with big corporations.
“It is regrettable that the European Commission has decided to openly position itself as the defence attorney for this handful of large multinationals that are profiting at the expense of consumer rights,” he told reporters. “We will go to the EU tribunal and we will defend with all rigour our position.”
In June, a Spanish court ordered a temporary suspension of fines during a review of their legality, allowing airlines to maintain their pricing policies for the time being.
Ryanair accuses Spain of regulatory overreach
Ryanair cited the dispute over fines as one reason for its decision to reduce its Summer 2026 schedule in regional Spain by 1.2 million seats and to cease all flights to and from Asturias Airport.
In the announcement of the service reduction to Spain, published on October 8, the airline linked these cuts to the government’s inaction in reversing bag fines, along with soaring airport fees at regional hubs managed by Spain’s airport operator Aena.
“Despite the government’s promises to reverse Minister Bustinduy’s illegal bag fines, Prime Minister Sanchez has taken no action for 2 years now,” Michael O’Leary, Ryanair’s Group CEO, stated. “While Minister Bustinduy pursues his illegal bag fines, he has taken zero action against real consumer harm, such as the overcharging of Spain’s consumers by a number OTAs.”
O’Leary said Ryanair has written eight letters to Minister Bustinduy, urging him to take action on OTA charges, but he has yet to do so.
“Minister Bustinduy is not just incompetent, but his bag fines are in clear breach of EU law and ECJ Rulings,” O’Leary continued. “If Prime Minister Sanchez has any respect for EU law, then he should dismiss Bustinduy and cancel these illegal bag fines.”
Ryanair also complained that its proposals to expand regional traffic by 40 % by 2030—which it claims would bring up to 77 million passengers annually—were ignored by the Spanish government.
O’Leary added that Spain and Aena should work to become “competitive with lower-cost airports elsewhere in Morocco, Italy, Croatia, Hungary and other EU States, who are abolishing Aviation Taxes and lowering airport fees to grow their traffic and tourism industries.”
A4E backs customer choice, critiques overregulation
In a statement regarding the Commission’s infringement procedure against Spain over baggage fines, Airlines for Europe (A4E) advocated for consumer choice.
“Different passengers need different solutions, and only they should decide which services they want to pay for – not regulators,” A4E stated. “All A4E member airlines already include one piece of hand baggage in their basic airfare…At the same time, the European Parliament is counterproductively also pushing ahead with unwanted and unasked-for proposals to impose an extra mandatory cabin bag on all flights, despite Spain’s breach of existing rules.
“Last year, around 50 million passengers travelling to Spain decided that one piece of hand luggage at no extra cost was enough for them – underlining yet again that passengers always prefer choice over price.”
