Airlines can charge extra for checked-in baggage

Hopes that extra charges for checked-in baggage for airline passengers might be declared illegal have been dashed by the European Court of Justice.

But they have said that airlines cannot charge extra for luggage carried on board by the passenger, provided it is of reasonable weight and dimensions.

Spanish law bans air carriers charging extra for checked-in baggage, and Vueling, the Spanish low-cost airline, was fined €3,000 for charging a passenger €40 for two cases.

In August 2010, Ms Arias Villegas paid €241.48 for a return ticket from La Coruna in Spain to Amsterdam, and was charged an extra €40 for her baggage.

She lodged a complaint with her local consumers’ office, claiming this was unfair. They agreed and fined the low-cost airline.

But the local court referred it to the European Court of Justice, asking whether the Spanish law banning such additional charges was in keeping with the EU principle of not legislating on what companies charge.

The court said that the airline could not be expected to carry checked-in baggage for free and so they could charge extra.

They found this was fair since the airline had to pay for such baggage to be put on board, and were also liable for any damage to it.

And they went further saying that to include the cost of checked-in luggage in everyone’s flight ticket would not be fair, as some people only take hand baggage.

The court said the Spanish law was contrary to the right of air carriers to set their fares and the conditions applied to those fares.

If different countries had different rules it would make comparing prices very difficult, and applying them even more difficult depending on what country airlines were flying into or out of.