No more hand luggage fees? The EU wants to regulate this once and for all
August 14, 2025
No more hand luggage fees? The EU wants to regulate this once and for allAugust 14, 2025 In early July, the European Parliament's Committee on Transport and Tourism presented a Draft Legislative Resolution on the enforcement of passenger rights in the Union (the "Draft"). This proposal meets the needs of consumers by guaranteeing them the right to "top-down" hand luggage. Inconsistent practices of carriers regarding hand luggageUnder the current legal framework, it is common practice for airlines, especially low-cost carriers, to charge additional fees for hand luggage. The dimensions and weight of such luggage are determined individually by each airline, as there are no legal provisions regulating this issue. Recently, there has also been talk of plans to introduce hand luggage fees by one of the larger premium carriers, KLM Royal Dutch Airlines. Airline operators explain this approach as a sign of flexibility in travel, a commitment to low airfares and leaving it up to passengers to decide whether they want to pay extra for hand luggage or stick with a low-ticket price and forego cabin baggage. According to representatives of airlines such as Airlines for Europe (A4E) and the International Air Transport Association (IATA), allowing passengers to purchase tickets without additional charges for hand luggage is a realisation of the idea of individual choice, which is often and willingly exercised by passengers. BEUC's complaint to the European Commission was the final impetus for change?Back in October 2023, the European Parliament adopted a resolution on standardising hand luggage dimensions, in which it expressed its "support for the completion of work on EU rules on air passenger rights to raise standards of protection and information for passengers, strengthen their rights and ensure that air carriers operate under harmonised conditions in a liberalised market, thereby facilitating travel." In addition, the European Parliament stressed "that passengers' main concerns are inconsistent airline policies on hand luggage allowances, which may be considered abusive or unfair and which cause difficulties for frequent travellers using different airlines or connecting flights operated by different carriers, as well as the fact that not all carriers comply with the CJEU ruling in case C-487/12." The lack of clarity in EU rules on hand luggage has also become a bone of contention between airlines, including Ryanair, Vueling, EasyJet, NVolotea and Norwegian Airline, and the Spanish Ministry of Consumer Affairs, which in May 2024 imposed a record fine of €179 million on these airlines for unfair practices, including charging for hand luggage. The airlines defended themselves by arguing that charging such fees did not contravene any EU regulations. In June 2025, the High Court of Justice in Madrid decided to suspend the fines until a final ruling is issued, allowing airlines to continue charging fees, provided they submit financial security. The case is ongoing. In May 2025, the European Commission received a complaint from the European Consumer Organisation (BEUC) and 16 national consumer organisations regarding the use of illegal commercial practices by seven airlines involving the charging of fees for hand luggage. The complaint also referred, among other things, to the 2014 CJEU judgment in Case C-487/12, which stated that "as regards the registration of unregistered baggage, that is to say, hand luggage, it must be held (...), that such baggage must, in principle, be regarded as an essential element of passenger transport and that the carriage of such baggage cannot therefore be subject to an additional charge, provided that the baggage complies with reasonable requirements in terms of weight and size and meets the safety requirements applicable in this area". The draft amendments to the regulations are therefore the result of a European trend and disputes between consumer rights bodies and organisations, and air carriers. Given the time needed for the European Commission to examine the complaints, new regulations governing this matter may already be in force before the complaint is examined. Meanwhile, in Poland, the issue of hand luggage fees is being examined by the President of the Office of Competition and Consumer Protection (UOKiK), who in June 2025 announced the initiation of an investigation into Ryanair and Wizz Air. The Office is investigating the legitimacy of carriers charging fees for hand luggage, including additional fees for excess baggage that does not fit into the so-called sizer (a metal frame used to check dimensions). In its statement, the President of the Office of Competition and Consumer Protection referred to EU case law, stating that "according to the case law of the Court of Justice of the European Union, hand luggage, provided that it is within reasonable weight and size limits and does not violate safety regulations, should be treated as an integral part of the transport service and should not be subject to additional charges. We aim to verify whether low-cost airlines comply with this principle in practice." Hand luggage – a standard, not a privilegeAccording to the proposal adopted by the European Parliament's Committee on Transport and Tourism, every passenger should be entitled to bring one personal item and one piece of hand luggage on board an aircraft without having to pay an additional fee. According to the draft, a personal item is defined as a small bag or item with maximum dimensions of 40 x 30 x 15 cm, and hand luggage is defined as unregistered luggage that is not a personal item. As for the dimensions of the latter, the draft (probably due to a clerical error, which has not yet been corrected) refers to a maximum total length, width and height of 120 cm, and later in the document, 100 cm. However, what seems certain on the basis of the proposal is that the weight of hand luggage should not exceed 7 kg. The draft grants modest powers to carriers, as they will be entitled to refuse to accept hand luggage on board an aircraft solely for safety reasons related to the weight or size of the luggage, or to the aircraft's parameters. Is this solution beneficial for passengers or additional profit for carriers?Airline representatives have announced that the adoption of the proposed changes will result in a change in carriers' pricing policies, consisting of an increase in airfares. As a result, if the announcements are implemented, the costs of "free" hand luggage will be passed on not only to passengers who travel with such luggage, but also to those who limit themselves to one personal item or travel without cabin luggage. As a result, the draft, which aims to strengthen and harmonise passenger rights, may have an impact on ticket prices and thus also affect passengers. However, whether this will happen will largely depend on the final wording of the regulation and the strategy adopted by airlines. Entry into force of the new rulesAccording to the draft, the new rules are to enter into force at the beginning of 2026. This still requires their adoption by the European Parliament. However, given the pro-consumer approach of the EP, it can be assumed that the proposed changes will be adopted soon. Key contacts
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