This Wednesday, the European Parliament moved further on a proposal addressing carry-on luggage rules in the cabin and potential airline surcharges. While the measure is non-binding, it passed with strong support, echoing concerns raised by the petitions committee two weeks earlier. That body criticized divergent policies and urged the European Commission to embed the 9-year-old European justice decision into formal regulations: carry-on items should be deemed essential to travel and not a vehicle for price increases. It also called for standardized luggage measurements so that airlines compete on a level playing field and avoid unfounded accusations of abuse.
1. A right with varying interpretations
Taking hand luggage into the airplane cabin is a legally recognized right and, in principle, should be included in the ticket price the traveler pays. In practice, though, each airline sets its own size and weight limits for cabin baggage. Some carriers even charge a separate fee to board, despite passengers having a right grounded in their fare terms and commercial policies.
The government recently pursued action against several low-cost carriers over this practice. Complications arise when travelers switch airlines or make transfers on the same trip: different carriers may impose different criteria, meaning what is accepted as hand luggage on one flight may not be on another.
A campaign launched last June by the General Directorate of Consumer Affairs under the same ministry investigated seven low-cost airlines for other alleged irregularities. That inquiry opened files over extra costs tied to services traditionally included in the ticket, such as reserving seats next to dependents or minors.
2. Is it legal to charge for hand luggage?
When it comes to hand luggage, the general principle is clear: charging extra for it can be viewed as abuse and may infringe consumer rights, according to legal analysts. Article 97 of the Air Navigation Law states that carriers must carry items brought by the passenger, including items bought at airports, as hand luggage in the cabin without additional charge, provided they meet reasonable weight and size limits and the aircraft’s security constraints allow it.
The core issue remains: what exactly qualifies as hand luggage and what does not, given varying airline practices and aircraft requirements.
Free hand luggage on planes: what changes does the European Parliament proposal seek?
The essence of the matter is that airline policies differ markedly on what is included in the carry-on category and the conditions they impose. The Airline Association (ALA) has stated that charging for cabin baggage is legal and protected under European Regulation 1008/2008, which allows airlines to set fares and practices.
3. What does justice say?
A Court of Justice of the European Union (CJEU) ruling from 2014 determined that carry-on luggage should be considered indispensable for passenger transport, provided it meets reasonable weight and size limits. It noted that such luggage could not be charged separately in the price, though the line between carry-on and other items remains a practical question in play.
4. What solutions are there?
One key precaution is that regulations clearly state passengers may bring hand luggage aboard without fees. Equally important is agreeing on standardized definitions of what counts as hand luggage to ensure airline parity and prevent unfair charges. Even as policymakers debate, industry voices like Eddie Wilson, CEO of Ryanair, have argued that space in the cabin cannot be expanded for all travelers, implying that some passengers will pay for space—a point he has used to justify paid carry-on policies. Travelers deserve clarity, consistency, and predictable rules when flying across borders in North America and Europe.