Protect airline fare freedom to protect the passenger
Four out of ten people travel without luggage in overhead bins. It is unreasonable that they should pay the same price as those who do use them.
Manuel José Silva, a partner in the Public Administration Relations, Dispute Resolution and M&A and Commercial practice at RocaJunyent, has written this article for CincoDías newspaper which addresses the practice of European airlines of charging extra for hand luggage to be placed in overhead compartments, arguing that it is a reasonable and legal practice. It highlights the difference between the space available under seats and in overhead bins on aircraft, and raises the question of how to allocate the limited space available in overhead bins.
Referring to Directive 2019/944, which opposes cross-subsidisation in pricing systems, he defends the right of passengers to carry hand luggage that can be placed under the seat as an inalienable right, and argues that it is not fair that passengers who do not use overhead compartments pay the same price as those who do.
European Regulation 1008/2008 protects the freedom of airlines to charge fares and ensures a competitive model that has made air travel more affordable. It warns that any restriction on this freedom of pricing would increase prices and harm passengers.
Manuel José Silva stresses the importance of Spain maintaining a regulatory framework consistent with that of other EU Member States in order to avoid harm to tourism and passengers.
Finally, the lawyer mentions a ruling in Italy that protects passengers by stating that airlines have the right to charge extra for hand luggage that does not fit under the seats, and argues that passengers in Spain should also be similarly protected.
