Brussels Court Ratifies Legality of Ryanair’s Cabin Baggage Policy

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The Business Court of Brussels has issued a high-impact ruling for European commercial aviation by fully confirming the legality of Ryanair’s cabin baggage policy. This decision aligns the airline’s practices with European Union legislation and the landmark Vueling judgment from the Court of Justice of the EU (CJEU).

The ruling not only clears up regulatory uncertainties in Belgium but also consolidates a judicial standard that supports the pricing models of low-cost carriers across the continent. This serves as a significant setback for the consumer organization Test Achats, which had challenged Ryanair’s policy by arguing that the basic fare should include an additional piece of larger carry-on luggage for overhead bins.

What Exactly the Court Ruled on Cabin Baggage

The core of the ruling is technically precise: the court confirms that every Ryanair passenger has the right to carry one small bag under the seat free of charge, provided it is of reasonable size and weight, suitable for personal effects, and meets safety requirements.

The judges explicitly rejected Test Achats’ interpretation that airlines are obligated to include an additional suitcase for the overhead locker in their basic fare. In the words of the court:

“Neither Article 23 nor the Vueling case law requires an air carrier to accept, free of charge, hand luggage of a size larger than that authorized by Ryanair”.

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This point is particularly relevant from a regulatory perspective, as it ratifies the commercial freedom of airlines to differentiate between essential baggage and optional, fee-based services.

Article 23 of Regulation 1008/2008: Confirmed Interpretation

The court was explicit in stating that Ryanair complies with Article 23 of Regulation (EC) 1008/2008, a key regulation regarding price transparency. According to the judgment:

  • It cannot be maintained that Ryanair fails to comply with Article 23 of Regulation 1008/2008.
  • The airline’s current baggage policy meets the requirements of the Regulation as specified by court jurisprudence.

In practical terms, this solidifies a widely accepted interpretation: the regulation does not mandate the free inclusion of all types of hand luggage, but only that which is deemed reasonable and necessary for the journey.

Belgium Joins a Long List of European Precedents

The Brussels ruling is not an isolated event; it aligns Belgium with consistent European case law. Precedents cited include:

  • CJEU rulings (Vueling case).
  • The Italian Council of State.
  • Regional and high courts in Berlin.
  • Multiple Spanish courts in Barcelona, Valencia, Valladolid, Seville, and Madrid.

All these jurisdictions agree on two fundamental principles: the free under-seat bag satisfies legal requirements, and airlines are free to set prices for optional services like additional cabin or checked baggage.

Beyond Baggage: Other Claims Dismissed

The Belgian court also dismissed all other claims filed by Test Achats, reinforcing Ryanair’s legal position across several commercial fronts:

Dynamic Pricing
The demand-based pricing system was deemed legitimate; the claim “lacks merit”.

Seat Allocation
The court noted Ryanair’s policy does not significantly harm the consumer’s freedom of choice.

Family Seating
The court stated that Ryanair’s practices cannot be held as illegal.

Policy Presentation
The way Ryanair presents its baggage policy was deemed “not objectionable”.

Ryanair’s Position: Low Fares and Optional Services

Dara Brady, a Ryanair executive, welcomed the ruling, highlighting its consistency with European law. He stated that their free under-seat bag meets all legal and safety requirements, allowing customers to enjoy the lowest fares by paying only for the optional services they choose. Brady also characterized the legal actions brought by Test Achats as “abusive and unfounded”.

This ruling reinforces a key message for executives and regulators: the “unbundled” model of low-cost airlines has solid legal backing in the EU.

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