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Court Decision on Multiple Hand Luggage
The Higher Regional Court (OLG) Hamm has ruled that airline passengers are entitled to bring multiple hand luggage items free of charge as long as the combined size of these items does not exceed the specified dimensions. This decision came from a lawsuit filed by the Federation of German Consumer Organisations (Verbraucherzentrale Bundesverband, vzbv) against the Spanish low-cost airline Vueling. The court found that limiting free hand luggage to one piece while charging extra for additional items unjustly disadvantages passengers, particularly those whose hand luggage consists of several smaller pieces that together comply with the size limits [Source 1].
The ruling invalidated Vueling’s terms which allowed passengers to bring only one free hand luggage item measuring up to 40 x 30 x 20 centimeters plus purchases made at the airport, all of which must fit under the seat in front [Source 1]. The court did not forbid reasonable size and weight restrictions but emphasized that multiple items may be carried if they collectively meet those requirements [Source 5].
Background and Legal Context
The vzbv has been challenging various airlines including EasyJet, WizzAir, and Eurowings, on similar grounds, arguing that it violates EU passenger rights under Regulation (EC) No 1008/2008 to charge additional fees for adequate hand luggage. Ramona Pop, board member of vzbv, stressed that many airlines restrict free hand luggage to only very small bags, forcing passengers to pay when bringing even an additional small handbag or backpack [Source 3][Source 7].
This decision by OLG Hamm is significant as it is one of the first German court rulings supporting consumer rights against extra hand luggage fees. EU law requires that airlines include a free hand luggage allowance in the ticket price, and fees for carry-on items exceeding reasonable weight or size limits are permissible. However, restricting free carry-on to just one item without allowance for multiple pieces of equivalent total size was deemed unfair [Source 6][Source 5].
Implications for Expats and International Travellers in Germany
Expats, international students, and foreign workers flying from or within Germany may benefit from this ruling when booking flights, especially with low-cost carriers where ancillary fees are common. This judgment helps clarify that passengers should not be required to pay extra just because their hand luggage consists of multiple smaller items instead of a single bag, provided the total volume complies with airline limits.
Travelers are advised to verify airline policies on hand luggage carefully but can now reference this ruling if they face additional fees for multiple carry-ons that remain within permitted sizes. When booking flights, consumers should ensure their ticket price reasonably includes hand luggage allowance, and they should keep receipts and document excessive charges for potential complaint or legal action through consumer protection bodies.
The vzbv’s ongoing legal actions against other airlines may result in further rulings reinforcing these passenger rights, so keeping informed through consumer organizations and airline announcements is recommended [Source 3].
For detailed information, travelers may consult the original court judgment and consumer advice at https://www.tagesschau.de/inland/innenpolitik/handgepaeck-flugzeug-100.html [Source 1].
