A Vueling passenger has won a legal battle against the low-cost airline after they were charged €50 for ‘non-compliant’ hand luggage on their flight home to Mallorca.
The sanction was handed to the couple at Sevilla Airport, despite the fact that the same suitcase had been accepted by Vueling on their outbound flight from Palma.
In a judgment issued by Juzgado de lo Mercantil numero 1 de Palma, the airline was ordered to refund the passenger €50, and pay interest.
The case was the sixth ruling against Vueling over cabin baggage fees. Taken together with cases against other carriers, it brings the total number of court victories secured by consumer group FACUA-Consumidores en Accion to 11 – six against Vueling and five against Ryanair.
What happened on the return journey?
The dispute dates back to April 2025, when two passengers resident in the Balearic Islands flew from Mallorca to Sevilla with a cabin bag that met Vueling’s own size requirements.
They were allowed to travel with the bag on the outbound flight without any issue. However, on the return journey, airline staff demanded a €50 surcharge, warning that the bag would not be allowed on board unless the fee was paid.
The passengers paid under protest and later sought reimbursement, supported by FACUA.
Why the court ruled in the passenger’s favour
FACUA based its claim on Article 97 of Spain’s Air Navigation Act, which states that airlines must carry passengers’ hand luggage within the ticket price, unless refusal is justified by safety reasons linked to size, weight or aircraft characteristics – circumstances that did not apply in this case.
The Palma court fully upheld the claim, ruling that cabin baggage cannot be treated as an optional extra when it complies with both the airline’s own rules and existing legislation.
The judgment described the charge as abusive and contrary to consumer rights, ordering Vueling to refund the €50, plus interest from the date of the first out-of-court complaint and legal costs.
A growing body of case law
This ruling reinforces a judicial trend already established in Spain, with courts repeatedly siding with passengers over cabin baggage surcharges.
FACUA says it has been running a dedicated platform for affected travellers since 2024, helping to coordinate claims and legal action.
The organisation argues that these cases are creating a clear line of case law limiting airlines’ ability to charge for hand luggage that meets approved dimensions.
Pressure also coming from regulators
The legal battle is unfolding alongside regulatory action. In November 2024, Spain’s Ministerio de Consumo imposed €179 million in fines on several airlines – including Vueling and Ryanair – over what it described as abusive practices, including cabin baggage fees.
Those sanctions are currently under appeal, suggesting the issue is likely to remain in the courts for some time.
Read more Andalucia news at the Spanish Eye.
