EU OKs checked baggage fees

The European Court of Justice (ECJ) on Thursday ruled that "checked-in baggage cannot be considered to be compulsory or necessary" for carrying passengers.

In doing so, the ECJ upheld a challenge from Spanish budget carrier Vueling Airlines against a Spanish law that made it illegal for carriers to charge additional fees.

Fees for checked baggage are common among Europe's budget airlines, which enables them to offer lower ticket prices for passengers carrying only hand luggage.

Spanish fine not against EU law

The Luxembourg-based court said that checked baggage charges were not "unavoidable" for passengers and could be an "optional price supplement in respect of a complementary service."

The original case was brought by Spanish passenger Arias Villegas, who paid 241.48 euros for four return tickets between La Coruna and Amsterdam in 2010, but was charged a further 40 euros when she checked in two bags online.

A Spanish consumer protection authority fined Vueling Airlines 3,000 euros. However, a Spanish court referred the case to the ECJ to determine whether the case was in line with EU laws on pricing freedom.

Checked baggage not 'necessary'

The ECJ in its ruling cited the rise in checked baggage fees among airlines, saying that many passengers bypass the surcharges by traveling only with carry-on luggage.

"Having regard to those considerations, the service of carriage of checked-in baggage cannot be considered to be compulsory or necessary for the carriage of passengers," it said.

The court did note, however, that airlines may not charge for hand luggage that falls within the proper size limits because they were a "necessary item."

Any additional fees must be communicated in a "clear, transparent and unambiguous way at the start of any booking process," the court added.

The case will now return to the Spanish court, which must reach a judgment based on the ECJ's ruling.

dr/sb (AFP, dpa, AP)