The Essentiality of a Large Hand Luggage in Air Transport and Unfair Commercial Practises Sara d’Urso1 1. Preliminary Remarks; 2. The Fact; 3. The Distinctive Features of Low-Cost Airlines; 4. The Regulation of Cabin Baggage in Air Transport and the “Essentiality of Large Hand Luggage”; 5. Unfair Commercial Practises; 6. Conclusions. 1. PRELIMINARY REMARKS The measures of the Competition Authority being analysed in this chapter are worthy of inclusion as they consider issues in various respects. First of all, in regards to the qualification of hand luggage and its essential character as an ancillary service in air transport; secondly, in regards to consumer protection, deprived of transparent and clear information, and therefore the activation of unfair commercial practices (e.g. Articles 20-22 Cons. Cod.); and finally in terms of the unfair nature of the clauses. According to the Authority, the disputed behaviours in the antitrust field correspond to unfair commercial practices as they are contrary to professional diligence. They are capable of significantly modifying the economic behaviour of the average consumer in relation to the service offered by the professional, by using a false representation of the real cost of the air ticket. They achieve this by removing ex-ante from the tariff, an estimative charge related to the transportation of the hand luggage, which is an essential element of the air transport service. These methods are also contrary to the standards of professional diligence in the field of competence. The changes made to the rules for the transport of large hand baggage therefore constitute an improper commercial practice, in that they deceive the consumer on the actual ticket price. The ticket price, which is often offered at a much lower rate, no longer includes in the basic tariff rate, an essential element of the air transport contract, such as cabin luggage. 1 Università di Milano Bicocca.
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