366 COMPETITION LAW IN TOURISM non-foreseeable and foreseeable charge of the air transport service”19. It follows that the air carrier’s main activity is to transfer passengers and their belongings which are enclosed within a certain size of luggage. In our system, the essential nature of the baggage transfer service is also based on Article 410 of Navigation Code on the transport of unchecked baggage, which states that the price of the transfer includes the consideration for the transportation of the passenger’s baggage, which must be within the weight and volume limits established by the carrier or according to use20. The Authority therefore affirms that the “large hand” luggage, the 50x40x23 trolley, is the type of baggage used in established practice and accepted by the main competitors and by the same air carriers sanctioned, until a few months ago21. The particular means of transport, the aircraft, does not materially allow the traveller to access the hold during the flight, unlike other vehicles on which the passenger has access, even for a limited period of time (during stops) to the suitcases delivered (e.g. coaches, trains, motor vehicles); without considering also the fact that from the drop off to the end of the trip the traveller hasn’t any type of control of the checked baggage, because he cannot verify that it is physically loaded on the correct aircraft. It is therefore inevitable to conclude that in air travel there is a greater need for the passengers to carry with them all that is necessary for the duration of the journey and beyond, when leaving the aircraft they will have to wait until the delivered baggage is returned; time that must inevitably be added to the flight time and that should perhaps also be measured for the purpose of calculating the quantification of a possible delay22. In fact, most 19 Thus the ACGM, PS11272, Resolution No. 69, of 20 February 2019, p. 20, in Bulletin 8/2019 of 25 February 2019. 20 As regards the prohibition of boarding certain items with hand baggage, see M. Basile, Presupposti di efficacia nei confronti dei privati della normativa europea in tema di sicurezza aerea (Assumptions of effectiveness in relation to private individuals in European legislation on aviation safety), comment on Justice Court CE, Causa C-345/061), in Dir. Trasp., 2010, p. 94; on safety, see: C. Camarda, La sicurezza del volo in ambito aeroportuale, competenze e responsabilità (Flight safety in airports, skills and responsibilities), in Dir. Trasp.2003, 1. 21 To the contrary, the airlines which cite the judgment of the Court of Justice of 18 September 2014, Vueling Airlines, C-487/12, which recalls Article 22 of EU Regulation 1008/2008 and states the principle of freedom of the carrier and that is to provide, once guaranteed the free hand luggage, a fee for the transport of a second larger hand luggage if specific conditions are met; according to Wizz Air it certainly seems reasonable to state that the carrier is free to provide for the payment of a specific fee for the transportation of each hand baggage that exceeds “reasonable requirements, in terms of weight and size”, provided that the carrier guarantees transport free in the cabin of the personal and essential effects of all passengers, which are “documents, house keys, mobile phone, laptop, wallet, beauty case and a first change of clothes”. 22 As regards the delay in the return of the baggage, see among others: F. Brugnone, Il danno non patrimoniale da ritardo nella riconsegna del bagaglio da parte della compagnia aerea (Non-pecuniary damage from delayed baggage delivery by the airline), comment on GdP Bari 20 January 2010, No. 399, in Riv. It. Dir. Tur., 2011, 3/3, p. 100; S. Vernizzi, Il trasporto aereo di bagaglio: ulteriori profili di responsabilità, in Resp. Civ. e Prev., 2009, 12, 2620.
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