Image: Markus Mainka / shutterstock.com
Anyone who’s ever flown with a low-cost airline knows the drill: The ticket seems incredibly cheap. But when it comes to carry-on luggage—if not sooner—the price suddenly shoots up. A small bag is often allowed for free—but for every additional piece of luggage or a slightly larger backpack, extra fees quickly pile up. A German court has now sent a clear message against this very practice. The ruling could have implications for many air travelers and increase pressure on airlines across Europe.
Why the court considers the rule to be unfair
The Spanish airline Vueling was at the center of the case. Under its previous terms and conditions, each passenger was allowed to bring only one piece of carry-on luggage—up to a certain size—on board free of charge. However, purchases made at the airport were permitted in addition to this allowance.
The Hamm Higher Regional Court, however, saw this as a problem. After all, what happens if someone prefers to carry two small bags—such as a handbag and a camera bag—instead of one larger backpack? If the two bags combined do not exceed the permitted total dimensions, the court held that there is no reasonable basis for charging additional fees.
The judges made it clear that this places travelers at a disadvantage for no justifiable reason. In the court’s view, the difference between purchases made at the airport store and those made elsewhere could not be convincingly explained either. In any case, security concerns were not considered a sufficient justification.
The dispute extends far beyond a single airline
Although the ruling primarily concerns Vueling, the discussion extends far beyond that. For years, consumer advocacy groups have criticized the fact that many airlines keep imposing new fees for carry-on luggage. Low-cost carriers, in particular, often advertise very low ticket prices but then make their money from numerous extras.
The Federation of German Consumer Organizations is therefore pursuing several legal actions against various airlines. One of the reasons for this is a 2014 ruling by the European Court of Justice. According to that ruling, reasonable carry-on luggage generally cannot simply be subject to additional fees. However, to this day, there is no Europe-wide, uniform definition of what exactly constitutes “reasonable carry-on luggage.” It is precisely this gap that repeatedly leads to disputes.
What does this mean for air travelers?
The recent ruling does not automatically mean that anyone will be allowed to take as many bags as they want for free in the future. The key factor remains that the size and weight must be within the permitted limits.
Nevertheless, the ruling significantly strengthens the position of consumers. In the future, airlines will not be able to simply argue that the number of baggage items alone justifies additional fees. Rather, what matters is whether the total size of the carry-on baggage exceeds the permitted dimensions or whether there are actually operational or safety-related reasons preventing passengers from bringing it on board.
Nevertheless, it remains important for travelers to carefully check the baggage policies of their respective airlines before every flight. This is because many airlines still have different requirements as long as no uniform regulations have been established across Europe.
Europe Is Under Pressure to Act
Consumer advocates have long been calling for clear and uniform rules for all airlines within the European Union. This would allow travelers to see, right at the time of booking, which services are actually included in the ticket price. This would not only prevent surprises at the airport but also make competition more transparent.
The EU is already working on a revision of air passenger rights. In this context, the issue of free carry-on baggage could also be addressed through binding regulations. Until then, other courts will likely have to rule on similar cases.
If you advertise on the cheap, you shouldn't surprise people with high prices
The ruling from Hamm is more than just a small victory for individual air travelers. It shows that courts are increasingly questioning whether business models that constantly add new fees are actually fair. A low airfare quickly loses its appeal when, in the end, additional fees are charged for every little thing.
Any company that lures customers in with a bargain price and then charges for nearly every bag, every seat, or every little extra is playing with its customers’ trust. Of course, companies are allowed to make a profit. But the final price should be transparent and not only appear at the very last step of the booking process. The ruling therefore sends an important message: Transparency is not a luxury—it should be a given. If airlines truly want to win customers over with quality, they should do so not through creative fee structures, but through fair and understandable rules. That is exactly what should be the standard going forward—not the exception.
Would you like to know how this ruling strengthens your rights as a passenger? Get legal advice now and secure your entitlements!
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