No extra charge for seat choice for accompanying children or disabled: Council of State rejects Ryanair's appeal

Council of State agrees with ENAC - the National Civil Aviation Authority - and dismisses the appeal filed by Ryanair in 2022 v. Lazio Regional Administrative Court: "The Council of State confirms the full law of Enac's order that barred, for safety reasons, airlines from charging extra fees for reserving contiguous seats for accompanying passengers under 12 years of age and disabled passengers, deeming it a commercial practice." reads a note from the Council of State; No additional charge for parents/caregivers of children under 12 or disabled persons Who rightly want to sit next to the latter.

The Irish low-cost, for its part, argues that there would be no requirement in EU regulations that the proximity between child and carer should be free of charge: "the tariff aspects would be left, by the European industry regulations, to the free entrepreneurial choice of air carriers, in compliance with Article 22 of EC Regulation 1008/2008," the statement said.

Thesis, this, not accepted by the Council of State which, on the contrary, believes that the safety ensured by the proximity of the companion "cannot be considered an extra service that can be enjoyed only upon payment of an additional fee". In fact, in the judgment, it is stated not only that "the need for the contiguity of seats between the child and the companion is clearly related to the obligation of safety," but also that fulfillment of the obligation itself "rests with the carrier and cannot be conditioned on the payment of any surcharge", the ENAC note continues.

Rejoicing not only travelers but also Enac's top management: "We welcome the Council of State's ruling that confirms a measure strongly advocated by me and Director General Alessio Quaranta in July 2021, by which we imposed on airlines the free allocation of seats to minors and persons with reduced mobility next to their parents and/or carers," commented Pierluigi di Palma, President of the National Civil Aviation Authority.