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Hand baggage is a necessary item for passengers and cannot be subject to an extra charge, according to the European Court of Justice. The decision, in response to the case Vueling Airlines v. Instituto Galego de Consumo de la Xunta de Galicia1, is a significant boost for the European Travel Retail Confederation (ETRC) Air Passenger Rights Campaign.
The ruling clarifies that airlines do not have the commercial freedom to charge for hand baggage – on the condition that such hand baggage meets reasonable requirements in terms of weight and dimensions and complies with necessary security requirements.
The ruling also stated that airlines have the right to charge an additional fee for checked-in luggage, as “checked-in baggage cannot be considered to be compulsory” for the carriage of passengers.
Negotiations on Air Passenger Rights within the Council of the European Union have been suspended at present due the ongoing political dispute between Spain and the UK over the sovereignty of the isthmus that links Gibraltar with mainland Spain which includes the airport. This has halted negotiation on all aviation-related dossiers, including the EU’s Open Skies Agreement and the revision of the Air Passenger Rights Regulation. ETRC continues to monitor developments closely and is hopeful that negotiations will begin again in the near future.
ETRC will be raising the court’s Judgement with EU Member States and the European Commission over the coming weeks. The organisation said it was confident that the judgement will be reflected in the final legislation, confirming the finding that the carriage of baggage that is not checked in cannot be subject to a price supplement.
ETRC advocates the right of passengers to carry airport shopping on-board as personal items, free of charge, and works with EU Member States to seek national governments’ support for a permanent legislative solution in an effort to restore passenger confidence in airport shopping and end consumer confusion.
ETRC President Sarah Branquinho said “ETRC have steadfastly taken the position that passengers should – in line with accepted practice – continue to be able to bring airport shopping on board in addition to the airlines prescribed hand baggage allowance, and without further charge. The European Parliament agreed with us in their vote earlier this year. It is now particularly pleasing that the European Court of Justice has taken a clear stance that hand baggage is not a commercial issue.”
