UPDATE 1-Court bans Ryanair's hand luggage fee in Spain

A Spanish court on Wednesday ruled budget carrier Ryanair's policy of charging a fee for hand luggage was "abusive" and could no longer be levied in Spain.

The ruling stemmed from a passenger complaint over the policy, introduced last year, which charges most people an additional fee on top of their ticket price for bringing anything more than one personal item into the cabin. "This ruling will not affect Ryanair's baggage policy, as it misquoted the (European Court of Justice) and misinterpreted the airlines’ commercial freedom to determine the size of their cabin baggage," Ryanair said in a statement.

When asked if it was planning to ignore the Spanish ruling or appeal it in the European Court of Justice, Ryanair declined to comment. The passenger, traveling from Madrid to Brussels, went to court after airline staff forced her to pay 20 euros ($22) to bring her 10-kilo luggage on board.

The court ordered Ryanair to refund her the 20 euros plus interest, but rejected her demand for compensation of a further 10 euros ($11) for the suffering she experienced, according to court documents. The judge ruled that the hand luggage, by size and weight, could be easily carried in the cabin, pointing to a Spanish regulation that allows passengers to take hand luggage on board at no additional cost.

The judge characterized the charge as abusive, adding that it "curtailed the rights that the passenger has recognized by law", and declared it invalid in Spain. She rejected the demand for compensation, however, saying that while doubtless "the passenger suffered rage and powerlessness in having to pay the extra unforeseen cost at the time of boarding" the discomfort did not reach a level that would justify compensation.

The court said in a statement that its ruling cannot be appealed. ($1 = 0.9036 euros)

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