Ryanair has applauded the hand-luggage file and Consumer has accused the EU of 'defending airlines'

Ryanair CEO Michael O'Leary applauds the European Commission's decision to open infringement proceedings against Spain. Ryanair says that "Spanish legislation must be brought into line with European law and not the other way around." The Ministry of Consumer Affairs imposed almost a year ago fines of 179 million euros on Ryanair, Vueling, EasyJet, Norwegian and Volotea companies for collecting supplements for hand luggage.

Brussels considers that the Spanish Air Navigation Act restricts the freedom of companies to set prices and gives Madrid two months to respond. If the Spanish Government does not change its rules, the Commission may refer the case to the Court of Justice of the European Union.

The Spanish reaction has been immediate. The Minister for Social Rights, Consumption and the 2030 Agenda, Pablo Bustinduy, has described it as' regrettable 'that the Commission' has become a defence lawyer for sanctioned airlines', accusing Brussels of 'surrendering to the powerful'. Bustinduy has stated that the government will maintain sanctions and defend before the EU Court of Justice that the collection of hand luggage is an abusive activity and violates passengers' rights .

The Federation of Consumers and Users (CECU) has also strongly criticised the conduct of Brussels. Its Director, David Sánchez, has lamented the fact that the Commission has been placed 'on the side of companies and not consumers' and has warned that 'hand luggage now appears to be a luxury product'. He also recalled that a 2014 judgment by the EU Court of Justice considered hand luggage to be an essential part of air transport, provided that it complies with reasonable measures.

On the other hand, the Association of Airlines (ALA) welcomes the Commission's decision that it 'guarantees the freedom of companies to set the prices of their services' and that consumer sanctions' are unjustified '. In its view, the dossier shows that Spain' abused itself when it imposed a unilateral sanction contrary to European law '.

The initial Brussels dossier could be extended for months. If there is no agreement, the Commission will issue a reasoned opinion and can refer the case to the EU Court of Justice. Meanwhile, the clash between airlines, consumers and the Spanish Government has once again sparked debate as to whether hand luggage is a fundamental right of the passenger or an additional service to be paid for.