Belgian Court Upholds Airlines’ Right to Charge for Larger Cabin Bags

Airlines will not be required to include a larger cabin bag to be stored in overhead lockers in the base ticket price. The January 28 ruling by the Brussels Enterprise Court in favor of Ryanair’s “under-the-seat” baggage policy has become final after the consumer association Test Achats decided not to appeal.

According to the judges, every passenger is entitled to carry on board, free of charge, a bag of reasonable size and weight that can fit under the seat, is suitable for personal belongings and complies with safety requirements. The court confirmed that the Irish low-cost carrier’s hand luggage policy is fully in line with EU law and with the Court of Justice’s Vueling case law, rejecting the argument that airlines must include a larger overhead cabin bag in the basic fare.

The ruling states that Ryanair cannot be considered in breach of Article 23 of Regulation 1008/2008. Neither the regulation nor EU case law requires airlines to transport free of charge luggage exceeding the dimensions set by the carrier. With this decision, Belgium aligns itself with a series of judgments across the EU, including rulings by Italy’s Council of State, courts in Berlin and several Spanish cities such as Barcelona, Valencia, Valladolid, Seville and Madrid, all of which have upheld the legality of Ryanair’s policy and the freedom of airlines to charge for optional services such as larger cabin bags or checked luggage.

The Brussels court also dismissed the other claims brought by Test Achats. Demand-based pricing was found to comply with existing rules, as was the seat allocation system, which the judges said does not significantly restrict consumer freedom. Practices relating to family seating and the presentation of baggage options were also deemed lawful.

In a statement, Ryanair’s Dara Brady welcomed the decision not to appeal what he described as a clear and comprehensive ruling. He said the free under-seat bag meets all legal and safety requirements and that customers can continue to benefit from low fares by choosing only the optional services they wish to purchase. According to Brady, the judgment protects both low fares and consumer choice in Belgium at a time when European governments recognize the importance of affordable air connectivity for economic growth.