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Spain Fails to Secure Free Cabin Luggage for All Passengers in EU Air Travel Reform

Spain Fails to Secure Free Cabin Luggage for All Passengers in EU Air Travel Reform RUSSPAIN.com © russpain.com
Spain Fails to Secure Free Cabin Luggage for All Passengers in EU Air Travel Reform © russpain.com
After years of negotiations, the EU has stopped short of guaranteeing free cabin luggage for all air travelers. Spain opposed the final deal, arguing that it leaves consumers exposed to extra fees. Airlines retain the flexibility to charge for hand luggage.

After thirteen years of negotiations, the European Union has approved an air-passenger rights reform that does not require airlines to include a free full-size cabin suitcase with every ticket. Spain, which had pushed for stronger consumer protections, opposed the deal, saying it fell short of what passengers need.

The Spanish government had made free cabin luggage a central demand in the talks. Under the agreed baggage structure, passengers are guaranteed one small personal item at no extra cost, such as a handbag or backpack, provided it measures no more than 40 × 30 × 15 centimetres or fits beneath the seat ahead. That allowance is separate from a larger trolley intended for the overhead compartment, which is not guaranteed free on every fare. Airlines can still offer lower-priced tickets limited to the personal item and charge more for fares that include larger cabin baggage.

Regulation (EU) 2026/2202 was published in the Official Journal of the European Union on 2 October 2026 and took effect on 22 October. Its substantive provisions are due to apply from 23 October 2027. From then, airlines, travel agencies and metasearch services must present a fare including one piece of carry-on luggage by default before the booking process begins. Consumers can still choose a cheaper fare limited to the smaller personal item. The change does not give every passenger an automatic right to take a free trolley on board.

What Changes for Passengers

For travelers, the distinction between a personal item and a larger cabin bag remains basic. A small bag stored under the seat falls within the free allowance. A trolley generally uses overhead-bin space and may carry a separate charge. Airlines can continue setting different prices for baggage options, provided the conditions are clear during booking.

The Ministry of Consumer Affairs expressed disappointment with the outcome, calling the reform less ambitious than hoped. Spanish officials have argued that free cabin luggage should be recognized as a fundamental passenger right, rather than left to airline pricing policies.

Ongoing Fines for Airlines

On 22 November 2024, Spain announced administrative penalties totalling €178,933,631.99 against Ryanair, Vueling, easyJet, Norwegian and Volotea. The sanctions covered several alleged consumer-protection practices, including cabin-baggage charges, seat-related fees and booking or payment procedures. They were not limited to luggage charges. Ryanair’s penalty was €107,775,777, while Norwegian’s was €1.61 million.

The penalties have since faced court challenges. On 26 June 2025, the High Court of Justice of Madrid reportedly suspended enforcement provisionally against Ryanair and Norwegian, subject to bank guarantees of €110 million and €1.8 million respectively. Those guarantees corresponded to penalties of €107,775,777 for Ryanair and €1.61 million for Norwegian. The suspension paused enforcement while the legal challenges proceeded; it did not erase the original administrative decisions.

The Ministry says the cases are continuing and will ultimately be decided by the European Court of Justice. Spain issued the penalties under the rules in force at the time, and the later EU baggage structure does not resolve the pending legal challenges on its own.

Other Passenger Rights Strengthened

The baggage reform is separate from a broader passenger-rights measure covering transport beyond aviation. The European Parliament adopted that wider measure by 652 votes to two, with eight abstentions. Parliament’s press office said it would strengthen passenger protection across transport and set clearer procedures for reimbursement and compensation, along with a common European claim form. The vote does not amount to a guarantee of free full-size cabin luggage.

The air-passenger reform also sets out other protections for travelers. It is intended to prohibit charges for seat selection when passengers travel with children or dependents, as well as fees for printing boarding passes at the airport or correcting minor reservation errors.

The flight-delay compensation system remains in place. Passengers are entitled to between €250 and €600 for delays of three hours or more, depending on the distance and length of the delay. Travelers should check which baggage a fare includes before booking, since a larger cabin suitcase may still raise the ticket price.

As an EU regulation, the measure will apply across member states without separate national laws. Its substantive baggage provisions begin on 23 October 2027, and airlines will retain lower-priced options that include only the free personal item.

Lara Carter RUSSPAIN.com
Journalist

Lara Carter

Lara Carter is a journalist at RUSSPAIN.COM covering Spanish current affairs, culture, tourism, transport, economy and society.