The regulations regarding hand luggage on low-cost airlines are once again under legal scrutiny. The Higher Regional Court of Hamm has ruled that passengers may not be charged additional fees if they bring two or more smaller items on board instead of a single piece of hand luggage, provided that the total dimensions of these items do not exceed the prescribed maximum dimensions.
The court upheld a lawsuit filed by the Federation of German Consumer Organizations against the Spanish low-cost carrier Vueling. According to the court's reasoning, the relevant provisions in the terms and conditions constitute an unreasonable disadvantage for passengers, for which there is no sufficient objective justification. The decision strengthens the position of consumer organizations, which have long campaigned against inconsistent and intransparent surcharge systems in the aviation industry.
The disputed tariff provisions and the court's reasoning
The subject of the legal dispute under file number 13 UKl 4/25 was the clauses of the airline Vueling. The company's terms and conditions stipulated that all passengers on the basic fare were entitled to only one free piece of hand luggage with maximum dimensions of 40 x 30 x 20 centimeters, which had to be stowed under the seat in front. While passengers were allowed to bring additional purchases made at the airport into the cabin free of charge, any further bags or bags carried on board resulted in additional charges.
The Higher Regional Court of Hamm ruled this practice inadmissible. According to the civil senate, passengers are disadvantaged if, for example, they carry a small handbag and a separate camera bag whose combined volume does not exceed the permitted dimensions of standard hand luggage. The court rejected the argument that the restriction served onboard safety. Since Vueling allows duty-free purchases made at the airport to be carried free of charge, it was incomprehensible why items of comparable size purchased outside the airport or brought from home should be subject to a fee.
European legal background and fundamental decisions
The legal assessment of hand baggage fees is largely based on the case law of the European Court of Justice. In a landmark ruling in 2014 (case number C-487/12), the European Court of Justice clarified that hand baggage is a necessary and indispensable part of passenger transport. Accordingly, airlines may not charge additional fees for hand baggage items, provided they meet reasonable requirements regarding dimensions and weight.
Despite this European legal requirement, numerous airlines have changed their fare structures in recent years. Basic fares often only include very small bags, while the use of overhead compartments or the transport of regular trolleys must be booked for an additional fee. Consumer advocates criticize this practice as a form of price unbundling, in which the original airfare is artificially low, while essential components of the trip are diverted through additional charges.
Industry-wide consequences and pending legal proceedings
The ruling by the Higher Regional Court of Hamm is a further step in the legal disputes surrounding baggage regulations in European air traffic. In addition to the lawsuit against Vueling, the Federation of German Consumer Organizations has initiated similar proceedings against other low-cost carriers such as Eurowings, Easyjet, and Wizz Air at various German Higher Regional Courts. The aim of these injunctions is to enforce a uniform and consumer-friendly application of baggage rules across the entire sector.
The legal proceedings are not yet legally concluded, as an appeal against the ruling can be lodged with the Federal Court of Justice. Should the decision become legally binding, it would have a direct impact on the terms and conditions of carriage of all airlines serving the German market. Simultaneously, discussions are underway at the European level within the bodies of the European Union regarding standardized minimum dimensions for free cabin baggage, with the aim of increasing transparency for passengers on cross-border flights.
Assessment of the operational and financial impact
For airlines, court rulings of this kind mean adjustments to revenue management and handling procedures. The business model of many low-cost airlines relies heavily on ancillary revenues, to which baggage fees contribute significantly. Restrictions on these fees force companies to either adjust their base fares or monetize other services more effectively.
On the operational side, representatives of the aviation industry often argue that clear limits on the number of items are necessary to keep boarding times short and avoid departure delays. They point out that free capacity in the cabin's overhead compartments is limited. Consumer advocates, however, argue that a volume-based limit, rather than a simple limit on the number of items, serves the same purpose without financially burdening passengers with several small bags. Resolving these issues remains a central theme in the regulation of European air traffic.