Why airlines will still be able to charge you for carry-on luggage, despite the law and million-euro fines

author

Edgar Loper

Updated: 26 May 2026 ·

Why airlines will still be able to charge you for carry-on luggage, despite the law and million-euro fines

The reason airlines can still charge you for carry-on luggage.
photo by viajar.elperiodico.com

Surely you have experienced this more times than you can count on your fingers: you find a flight with an irresistible price and, when you're about to add a suitcase to your cart, you realize that it costs even more than the flight itself. This is a recurring issue with low-cost airlines, no matter where you travel.

And it seems that not even a historic fine of 150 million euros has been enough to put a stop to these practices that toy with prices and travelers' expectations. Yes: the Ministry of Consumption has announced a ban on charging for carry-on luggage, but airlines seem to be ignoring these prohibitions, often defying the established regulations. However, there is a reason they can continue to do this.

Why can airlines still charge for carry-on luggage?

The truth is that the million-euro fine against the airlines is not yet final. After the announcement of this sanction that amounts to 150 million euros, as is logical, the airlines counterattacked by appealing it. This opens up a timeframe that could extend over time: now the airlines are preparing their legal resources, which could make the process take months or even years. Especially if the decision ends up in court, which could further delay a final ruling against the airlines.

Yes, airlines can still charge you for carry-on luggage.
Yes, airlines can still charge you for carry-on luggage. photo by viajar.elperiodico.com

Another reason is the legal loophole regarding carry-on luggage, one of the key points of the conflict. Airlines cling to the fact that there is no clear regulation governing either the dimensions or the obligation to allow passengers to bring their carry-on luggage onto the plane.

It's hard to say what the airlines' response will be, which could change the entire outcome of this ban by the Government. But what is clear is that, with high probability, it will be headed to court. A clear example of what might happen comes from a ruling by the Court of Justice of the European Union from 2014. It established that airlines should not charge a surcharge for carry-on luggage, as long as the specified criteria regarding weight, dimensions, and safety are respected.

What happens if they are forced to stop charging for luggage? This is what they will do.

The answer is simple: if charging for luggage were banned, these fees would be included in the flight prices from the very beginning. In other words, in the base fare. What's the downside? This would substantially increase fares because it eliminates the option to pay only for essential services. What's the upside? You won't have to travel dressed like an onion or with a backpack carrying only absolute essentials.