Free hand luggage and compensation for air travel delays; European Parliament prepares showdown with EU capitals

Brussels – The European Parliament’s Transport and Tourism Committee (TRAN) makes clear its opposition to the EU Council’s guidelines on air passenger rights. Yesterday, October 13, 36 members out of the 38 present voted in favor of new guidelines on delay compensation, free hand luggage, and changes to check-in rules.

The approach of the TRAN Commission MEPs runs counter to the position adopted in June by the transport ministers. Indeed, the representatives of the 27 Member States had opted for a change in legislation that favored airlines, undermining citizens’ rights.

Hours of delay to be compensated 

The paragraph that had caused the most discussion was the one concerning the hours of delay necessary for passengers to get a compensation. The Council had raised them to four, while the TRAN Commission clarified that three hours of disruption were sufficient to claim a compensation. A small change that, nonetheless, Christoph Oetjen (FDP, Germany), MEP from the Renew Europe group and member of the TRAN Commission, described as “essential for passengers.”

Compensation, according to the new rules, would also be due to passengers whose flights were canceled or who were denied boarding. However, the Commission also considered protections for airlines. Companies are exempted from paying compensation in the event of natural disasters, war, adverse weather conditions, or unforeseen labor disputes (excluding strikes of airline staff). This “closed list of exceptions,” as defined in Parliament documents, would ensure a just balance between passenger protection and a competitive aviation sector.

Hand luggage 

The TRAN Commission not only discussed compensation. MEPs made clear the need to change the rules on hand luggage. If the MEPs get their way, passengers will not only have the right to carry on board, at no extra cost, a bag that fits under the seat, but also a 7kg hand luggage.

The decision is in continuity with
the 2014 Vueling judgment by the Court of Justice of the European Union, which stated that “hand luggage must be, in principle, considered as constituting a necessary aspect of the carriage of passengers.” Since it is necessary, its carriage without a charge must be guaranteed. At the same time, it is helfpufl to remember that the Luxembourg judges did not exclude the possibility of an additional payment for non-essential luggage, even if small in size. 

Free check-in 

The third element the TRAN Commission dealt with was concerns about the abolition of the check-in fee, both online and at the airport, to correct spelling errors in passengers’ names. Free of charge should also be the check-in for children under the age of 14 to sit next to the passenger accompanying them. MEPs also aim to guarantee the right to choose between a paper or digital boarding pass. A clause interpreted as a signal towards Ryanair, which banned paper boarding passes a few months ago.

Next steps

The direction taken by MEPs is clear: to increase passenger rights. Now, however, begins the most complex part for MEPs, that of talks on changes to EU rules with the Danish Council presidency on October 15. According to Andrey Novakov (EPP, BG), rapporteur of the motion voted on, his colleagues are “ready to fight for European passengers” because, with a bit of rhetoric, “behind every delay or cancellation there are real people, birthdays, funerals, weddings, and missed job interviews. We will not allow citizens to be left behind.”