Austria's Supreme Court declares 14 Ryanair fee clauses inadmissible

Which fees are affected

Petra Leupold, chief legal officer at the VKI, expressly welcomed the decision. "Betroffene Konsument:innen, die auf Basis dieser oder sinngleicher Klauseln Gebühren bezahlt haben, können diese zurückfordern", Leupold said. The VKI also pointed to a ruling affecting the industry as a whole: "Der OGH stellt klar, dass Zusatzgebühren transparent darzustellen sind und Konsument:innen nicht unsachlich benachteiligen dürfen."

In addition to the lack of transparency, the OGH also criticised the linguistic incomprehensibility of some clauses. "Nach Ansicht des OGH sind die Gebührenklauseln zum Teil derart unverständlich formuliert, dass es Konsument:innen nicht möglich ist, diese nachzuvollziehen, insbesondere im Zusammenhang mit etwaigen Rückerstattungsansprüchen", the VKI press release stated. In practical terms, this means that consumers were often unable to recognise their claims.

Reactions from politics and consumer protection

Consumer Protection State Secretary Ulrike Königsberger-Ludwig (SPÖ) viewed the ruling as a strong signal. "Gerade vor dem Sommerurlaub ist das eine gute Nachricht für viele Familien. 55 Euro hier, 15 Euro dort, 160 Euro bei einer Namensänderung – das sind keine Kleinigkeiten. Billigflug darf nicht heißen, dass Konsument:innen am Ende mit undurchsichtigen Gebühren zur Kassa gebeten werden. Wer einen Flug bucht, muss wissen, was er wirklich kostet", the politician said.

On one further point, however, the OGH did not make any findings adverse to Ryanair: the airline may charge certain fees even if the cause of the problem lies with the airline itself. The VKI referred in this context to a ruling that leaves room for surcharges as long as they are structured transparently.

How affected passengers can get their money back

For affected passengers, a template letter for reclaiming the fees is available on the homepage of the European Consumer Centre (EVZ) within the VKI at www.europakonsument.at and at www.verbraucherrecht.at. The VKI recommends documenting the amounts paid using booking documents and bank statements and submitting the claims in writing to the airline.

The VKI's lawsuit was directed against the Irish company Ryanair DAC, which offers flights to and from Austria from, among other locations, Vienna and several regional airports. The conditions of carriage apply Europe-wide; however, the Austrian ruling has direct effect only in Austria. For passengers from other EU countries, the VKI refers them to the respective national consumer centre.

The proceedings before the OGH were the final instance, after the Vienna Higher Regional Court and the court of first instance had already ruled in favour of the VKI. The VKI called it a milestone in the fight against non-transparent surcharges in air travel. The European consumer organisation BEUC had also challenged comparable clauses of other low-cost carriers in Brussels.

Ryanair was initially unavailable for comment. In comparable proceedings in other countries, the airline has consistently emphasised that surcharges are necessary to maintain its low-price model. The Irish airline regularly points to the contributions made by customers themselves through online check-in and self-printing of boarding passes.

Legal classification and possible consequences

From a legal perspective, the OGH based its decision on provisions of the Consumer Protection Act and on the EU Directive on unfair contract terms. Clauses that create a significant imbalance between the performances of the contracting parties to the detriment of the consumer are in any case invalid. The OGH stressed that a lack of transparency alone could render a clause inadmissible.

The decision is also regarded by consumer advocates as groundbreaking beyond the aviation sector. Comparable clauses can be found in the general terms and conditions of other industries, such as telecommunications providers or energy suppliers. Experts expect that domestic jurisprudence will increasingly align itself with the OGH's standards.

For travellers who booked Ryanair flights with online bookings in recent years and paid the fees in question, the VKI recommends submitting refund claims as soon as possible. Experience shows that claims become time-barred after three years from the date of payment. A template and guidance on calculation are available on the VKI homepage.

Outlook on further proceedings

The VKI press release concluded with an appeal to the airline industry: "Verbraucher:innen müssen sich auf klare Preise verlassen können, bevor sie eine Buchung abschließen." The OGH has, through this ruling, tangibly strengthened consumer rights in Austria.

The decision has also reignited the political debate on low-cost airlines. Consumer Protection State Secretary Königsberger-Ludwig announced that she would advocate at the EU level for stricter rules on surcharges. The VKI, in turn, is examining whether further clauses of other airlines in Austria should also be challenged in court.

The airline Ryanair, whose CEO Michael O'Leary has positioned the company as a strict low-price provider, must now adapt its conditions of carriage. From mid-September 2026, the airline may neither use the clauses declared inadmissible in Austria nor charge consumers fees based on them.