Court confirms 90k fine for Vueling website accessibility failings

The Contentious-Administrative Chamber of the National Court has confirmed the fine of 90,000 euro and the prohibition from attending procedures for granting official aid for six months imposed on Vueling Airlines by the Secretary of State for Social Rights due to non-compliance with its web page of accessibility conditions for people with disabilities.

In a ruling, the magistrates of the Eighth Section dismiss the airline’s appeal against the October 2020 Resolution imposed for the commission of a serious violation of article 95.3.e) of Royal Legislative Decree 1/2013, of November 29, consolidated text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion.

The airline, in its appeal, alleged that no conduct had been developed that could be subsumed under the rule that was allegedly infringed, unless an “extensive and irrational” interpretation was made, and that its actions could not be considered contrary to its obligations regarding accessibility. They also argued that the report issued by the National Centre for Accessibility Technologies (CENTAC) highlighted the positive aspects of his website, which accredited his good faith and his clear intention to adapt his online page and that the accessory sanction that prevented access to official aid was more harmful than the fine itself.

In its ruling, the Court dismisses all of the company’s allegations and points out that the infringement is adequately classified in a norm with the rank of Law, specifying the “rules on accessibility” in another law, and the Royal Decree that develops it, for which cannot be understood as violating the principle of legality.

They add that the non-compliance with the regulations has been proven by the CENTAC report on the website which indicates: “if we examine the data that appears below, we find that of the 38 requirements that must be met according to this standard, they are met totally 4, that is, 10.53%. We have 26 requirements, 68.42%, that are not met. Furthermore, 8 requirements, 21.05%, are not applicable.”

Regarding the prohibition of receiving official aid for a period of six months, the Court indicates that the accessory sanction is legally provided for serious infractions, “so once appreciated, it must be imposed, and this regardless of the economic significance.” what it entails for the offender, as no legal exception is established in this regard.”

Finally, the Chamber rules on the proportionality of the sanction and explains that the resolution contains an express motivation for the criteria adopted for its quantification, taking into account the high degree of non-compliance with the accessibility requirements, which remains practically the same as in 2016 – when it was inspected and sanctioned – despite the fact that Vueling then claimed good faith and its willingness to comply with the regulations.

With all this, the judges consider that the Administration has assessed that, despite the time that has passed since the previous evaluation of the website and the sanction imposed, the progress has been minimal, continuing the violation over time, without any action to correct the deficiencies. Likewise, the number of potential clients with disabilities who could be affected has been considered, which is why the sanction has been imposed to its maximum degree.

“In short, having motivated the reasons for its imposition at the maximum level, taking into account the permanence of the infraction and the subjects affected, it is not possible to appreciate the lack of proportionality of the fine imposed nor of the accessory sanction,” it concludes.

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