The era of free hand luggage on flights within the European Union could be coming to an end. Controversial changes to Regulation (EU) 261/2004, the cornerstone of air passenger rights on the continent for the past two decades, are currently under discussion in the European Parliament and would see a major reduction in travellers’ rights, particularly when it comes to carrying baggage on board.

The first phase of the reform was approved by the Council of Ministers of the European Union on 5 June, marking a turning point for millions of passengers. In practice, the proposed change would mean the end of free carry-on baggage of conventional sizes, forcing travellers to pay additional fees and increasing the cost of traveling within the European bloc. The proposal is supported by Poland, but faces strong opposition from countries such as Germany, Portugal, Slovenia and Spain.

The new text will still be put to a vote in the European Parliament and, if approved by MEPs, passengers will have to pay for the carry-on bags that until now were allowed to carry free of charge in the cabin.

Air passenger rights expert and CEO of AirAdvisor, Anton Radchenko, explains that the proposal redefines the concept of free carry-on baggage, limiting it to a personal item with a maximum dimension of 40x30x15 cm, which fits under the seat in front.

“This is significantly smaller than the bags traditionally accepted. The measure still needs to be endorsed by the European Parliament, but it already sends a serious warning: what was once a basic right could become a paid privilege.”

Radchenko believes that this revision directly undermines the work of national consumer protection authorities. He cites, as an example, the case of Spain, where the Ministry of Consumer Affairs fined low-cost airlines 179 million euros for illegally charging for baggage and seat assignments, practices that, with the new rules, will now be explicitly permitted. “Even this work to protect consumers is now at risk,” he warns.

The expert also points out that, if approved, this reform will destroy 20 years of progress in defending consumer rights in Europe. “We are going backwards, precisely at a time when flight delays and interruptions across the continent are increasing. According to estimates by AirAdvisor and other consumer protection bodies, 60% of passengers are likely to have their rights reduced, even when they are clearly harmed by cancellations, delays and abusive fees charged by airlines. All of this will have a particularly negative impact on those traveling on medium and long-haul routes in Europe,” warns the CEO of AirAdvisor.

“No show rule”

In addition to charging for carry-on luggage, the new regulation includes other controversial measures. Anton Radchenko highlights the return of the so-called “no-show rule”, which allows airlines to automatically cancel a passenger’s return flight if they have not boarded their outbound flight. “This is an unprecedented setback and will cause enormous inconvenience to citizens. Imagine arriving at the airport and discovering that your flight has been cancelled the day before? These proposals from the Council of the European Union represent a clear step back in the protections guaranteed to consumers”, he laments.

Compensation

Another alarming measure is the drastic reduction in the right to compensation in cases of flight delays or cancellations. Experts stress that this is a serious setback in consumer protection. For Anton Radchenko, the changes practically dismantle the right of passengers to be compensated for losses, often incalculable, caused by flight disruptions. “This is a profound weakening of the guarantees. Passengers will be penalized and will not even have the right to complain.”

The CEO of AirAdvisor says that the approval of the new text will leave millions of consumers unprotected in the face of increasingly frequent problems in European aviation, opening the way for abuses by companies and undermining confidence in the bloc's air transport system. The project approved by EU ministers dilutes or eliminates fundamental protections, such as the right to compensation in cases of delays exceeding three hours. Radchenko points out that, with the new rules, passengers will only be able to claim compensation if the delay is more than four hours on flights up to 3,500 km, or six hours on long-haul flights. "This creates a dangerous precedent, where delays could become the norm and airlines will no longer be penalized. The current rules are in place to maintain order and minimum accountability in the industry. The three-hour limit has long been a global standard that holds airlines accountable. Weakening it sends the message that passengers’ time and discomfort no longer matter.”

The changes also significantly reduce compensation amounts. For medium-haul routes, the amount would go from €600 to €300. For long-haul flights, the maximum would be 500 euros.

These measures have provoked a strong reaction in the industry and among consumer protection associations. “EU ministers have abandoned citizens and sided with the interests of airlines. If these changes are implemented, they will leave society in shock,” criticizes Radchenko. For passenger rights advocates, the proposal represents not only a financial loss for travellers, but also a symbolic blow to consumer protection within the European Union.