In a major legal dispute between European low-cost airline Ryanair and the Italian authorities, Italy's highest administrative court, the Council of State, has ruled that Ryanair cannot charge extra for seats next to children under 12 or people with disabilities. This ruling sets an important precedent in the area of air passenger rights and marks a further setback for the airline's controversial charging policy.
The dispute between Ryanair and the Italian Civil Aviation Authority (ENAC) has been dragging on since 2021. At the time, the Italian authorities had issued a ban prohibiting airlines from charging additional fees for seats intended to accompany minors or people with special needs. This was seen as a measure to protect passengers and ensure their safety.
Ryanair, which charges additional fees for seat selection - typically between 22 and 30 euros - rejected ENAC's decision, arguing that the fees are necessary to cover the higher costs of managing and allocating seats. The airline also clarified that it does not charge fees for children under 12 travelling accompanied by an adult.
The judgment of the Council of State
The Council of State ruled in favour of ENAC and dismissed Ryanair's appeal. The decision was based on the argument that the proximity of seats between minors and their accompanying persons is a safety requirement.
The State Council stated that it was not appropriate to charge additional fees for a safety measure designed to protect children and people with disabilities. This responsibility lies with the airline, which must ensure the safety of its passengers at no additional cost.
Reactions and consequences
Ryanair has criticised the ruling as inadequate and claimed that it will not lead to any significant change in its practices. A spokesman for the airline said that the Italian authorities' decision calls into question the airline's commercial freedom and is not necessarily in the best interests of passengers.
The Italian authorities, on the other hand, celebrated the decision as a victory for passengers' rights. Pierluigi Di Palma, president of ENAC, stressed that Ryanair's behavior was profit-driven and did not adequately protect passengers' rights. He sharply criticized the airline and pointed out that Ryanair's business model did not comply with safety regulations.
International developments and comparisons
The problem of additional fees for families with small children is not limited to Italy. There are also efforts in the USA to implement similar regulations. The US Department of Transportation recently presented a draft bill aimed at preventing additional fees for families travelling with children up to 13 years of age. The proposal would require airlines to assign seats to families sitting together, although seats at the end of the aisle or in front of or behind a parent would also be acceptable.
US Transportation Secretary Pete Buttigieg justified the proposal by citing the need to make flying with children less complicated, reflecting the growing recognition that travelers with special needs, especially families with young children, require additional protection and consideration.
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