Airline may not charge extra fees for reasonable hand baggage

• Airfare includes only one personal item.
• Vueling charges extra for additional or larger hand baggage.
• Court: Airfare must include reasonable carry-on baggage.

Anyone traveling by plane within the EU currently has to start by measuring their bags and suitcases. Airlines allow different maximum sizes and weights for free hand baggage. And if hand baggage exceeds these limits only slightly, airlines often charge hefty fees.

Spanish carrier Vueling, for example, allows passengers in its “Fly Light” fare to take only one single item no larger than 40 × 30 × 20 centimeters. Larger or additional hand baggage costs extra. This practice violates EU law, the Higher Regional Court Hamm has now ruled following a lawsuit filed by the Federation of German Consumer Organisations (vzbv). Vueling has since lodged a formal objection against the default ruling.

The ruling is the first decision by a German court following an initiative by European consumer associations against the hand baggage fees of seven airlines. “EU law requires airlines to transport reasonable hand baggage at no extra cost,” says Ramona Pop, Executive Director of vzbv. “Many airlines violate this by allowing only ultra-small bags and backpacks without a surcharge. Even passengers who want to take a small additional handbag into the cabin often end up paying extra.”

Carry-on reform enters decisive phase

Politically, the revision of EU air passenger rights is entering the final stretch. In the coming weeks, the European Parliament and the Council of Ministers of the EU will negotiate a broader reform of air passenger rights, including new rules on carry-on baggage.

“The rules need to work in practice. The current requirements are too vague, and they create chaos, cost traps, and numerous court cases. The ticket price should include one small personal item plus one standardised piece of hand luggage with at least 115 centimetres total edge size and a weight of ten kilograms,” says Ramona Pop.

Cabin trolley allowed only for an extra fee

Under Vueling’s baggage rules, passengers in the “Fly Light” fare may take only one hand luggage item measuring a maximum of 40 × 30 × 20 cm into the cabin free of charge, stowed under the seat in front of them. Bringing a cabin trolley measuring up to 55 × 40 × 20 cm and weighing up to ten kilograms—stowed in the overhead bin—requires an additional booking and an extra fee. Depending on the route, this costs between €10 and €59 during online booking and €45 to €79 at the gate. Only a few exceptions apply, such as for travellers with an infant.

Limitation to one single carry-on item is unlawful

The Higher Regional Court of Hamm agreed with vzbv that the contested carry-on rule is unlawful. Under European law, carry-on baggage is considered an essential part of transporting passengers. Airlines may not charge extra for it, as long as weight and dimensions are reasonable and comply with safety regulations. Vueling violates this because it allows only one free carry-on item. Even carrying two small items—such as a handbag and a laptop bag—would cost extra, even if their combined size remains below the airline’s stated limits and both could be safely stowed under the seat.

The court also prohibited the airline from listing prices for the “Fly Light” fare on its website without including the surcharge for a cabin trolley up to 55 × 40 × 20 cm.

The ruling was issued without an oral hearing as a default judgment because Vueling failed to respond to the lawsuit within the court’s deadline. As Vueling had initially failed to respond to the allegations, the court issued a judgement in absentia. The company has since lodged a formal objection against this, meaning the court will rule according to standard legal proceedings.

Part of a broader European initiative

The lawsuit against Vueling is part of a joint initiative by European consumer organisations (BEUC). In May 2025, BEUC and 16 national member organisations filed complaints with the European Commission and European consumer protection authorities against the fee practices of seven airlines: easyJet, Norwegian Air, Ryanair, Transavia, Volotea, Vueling Airlines, and WizzAir. As part of this initiative, vzbv filed lawsuits against easyJet, WizzAir, and Vueling, and—due to consumer complaints—also sued Eurowings. The ruling from the Higher Regional Court Hamm is the first in these proceedings.

Background: Reform of the EU Air Passenger Rights Regulation

On 21 January 2026, the European Parliament rejected the Council of Minister’s proposal to amend the air passenger rights regulation. The Parliament is calling for stronger passenger rights: existing compensation rules for flight delays should remain in place. Passengers should also have the right to bring one small personal item plus an additional standardised piece of carry-on baggage at no extra cost.

The reform proposal must now be negotiated in a conciliation committee. If Parliament and Council do not reach an agreement, the current legal situation remains unchanged.

Default judgment by the Higher Regional Court Hamm of 20 January 2026, file no. I‑13 UKl 4/25 – not legally binding. The company has lodged a formal objection against the ruling