German Court Rules: Multiple Carry-On Bags Are Free on Flights

Introduction

If you have ever been stopped at the gate and forced to pay an extra fee because you had both a backpack and a small cabin bag, a recent German court ruling has some good news for you. The Higher Regional Court of Hamm (Oberlandesgericht Hamm, or OLG Hamm) has confirmed that airline passengers are entitled to bring multiple pieces of carry-on luggage free of charge — provided the combined pieces do not exceed the maximum size limit set by the airline. The case was filed by the Verbraucherzentrale, Germany's well-known consumer protection organisation. For expats in Germany who fly regularly to visit family or travel for work, this ruling clarifies your rights at the airport.

What the Court Actually Decided

The OLG Hamm found that airlines cannot charge passengers an additional fee simply because they carry more than one piece of hand luggage. The key condition is that all pieces together must fall within the airline's stated allowance — whether that is measured by total dimensions, weight, or both.

In practice, this means that carrying a small personal item (such as a handbag or laptop bag) alongside a standard cabin bag is permitted at no extra cost, as long as the total stays within the rules. Airlines that enforce a strict "one bag only" policy and charge fees for a second smaller item — a practice that became increasingly common among budget carriers — are acting contrary to German consumer law, according to the court.

The ruling came after the Verbraucherzentrale took legal action on behalf of consumers who had been charged these additional fees. The court sided with passengers, setting a clear precedent.

What This Means for Travellers Flying from Germany

This ruling applies to flights departing from Germany and is enforceable under German law. For expats, this is particularly relevant because:

• Frequent flyers home: Many expats travel several times a year to visit family in their home countries. Budget airlines on popular routes — such as those connecting Germany with Eastern Europe, Southern Europe, or the Middle East — have historically enforced strict single-bag policies at the gate.
• Business travellers: Professionals carrying both a laptop bag and a carry-on suitcase now have a legal basis to contest additional gate fees.
• Families: Travelling with children often means more bags. This ruling provides clearer protection against arbitrary extra charges.

It is worth noting that the ruling does not mean you can bring unlimited bags. The total size and/or weight of all your carry-on items must still comply with the airline's published allowance. The court's point is that the number of bags alone cannot be the basis for a fee, as long as the overall limit is respected.

How to Use This Ruling at the Airport

Knowing your rights is useful only if you can act on them. Here are some practical steps:

1. Check the airline's size and weight rules before you fly, not just the number of bags allowed. This is the measurement that legally matters.
2. Keep proof of the total dimensions of your bags if you are carrying two smaller items. A quick photo of them side by side can help.
3. If you are charged at the gate, ask the airline staff to specify which rule you are violating — size, weight, or simply the number of bags. If it is only the number, cite the OLG Hamm ruling.
4. File a complaint afterwards if you are charged unfairly. You can contact the Verbraucherzentrale in your federal state or the German Federal Aviation Authority (Luftfahrt-Bundesamt) for disputes involving flights from Germany.
5. Keep your boarding pass and any receipts if you are forced to pay, so you can seek reimbursement later.

Frequently Asked Questions

Does this ruling apply to all airlines flying from Germany?

The ruling is based on German consumer law and applies to flights departing from Germany. However, enforcement can be complex for non-German carriers operating under other jurisdictions. In practice, this ruling gives you the strongest legal footing when flying from a German airport. For flights departing from other countries, the rules of that country — or the airline's home country — may apply instead.

What if the airline still charges me despite this ruling?

You have several options. First, pay under protest and keep your receipt — note explicitly that you are paying under protest. Then file a formal complaint with the airline in writing. If the airline does not refund you, you can contact the Verbraucherzentrale in your state, or use the EU's Online Dispute Resolution platform (ec.europa.eu/consumers/odr) if the airline is based in an EU country. For amounts under €5,000, the process is relatively straightforward.

Does this change the rules about oversized or overweight bags?

No. The ruling specifically addresses the number of carry-on items. Airlines can still charge for bags that exceed their stated size or weight limits. Make sure your total carry-on luggage complies with the published dimensions and weight restrictions of your specific airline.

Conclusion and Next Steps

The OLG Hamm ruling is a meaningful win for consumers and frequent travellers in Germany. It clarifies that the number of carry-on bags you carry is not, by itself, a valid reason for airlines to charge you extra — as long as the total size remains within limits. For expats who fly regularly between Germany and their home countries, this is one less thing to worry about at the gate.

Before your next flight, review your airline's carry-on policy carefully and keep this ruling in mind if you are ever challenged. If you believe you have been unfairly charged in the past, it may be worth reaching out to the Verbraucherzentrale to explore whether you can claim a refund.

Source: Tagesschau / OLG Hamm ruling, reported by Björn-Hendrik Otte