368 COMPETITION LAW IN TOURISM As previously stated, in contracts for adhesion of airlines, the clauses that present the greatest risk profiles in terms of unfairness are those that are concerned with times, rates, delays and baggage26. Also Ministerial Decree No. 001/36, of 28 January 1987, concerning baggage on board with the passenger states that “for the purposes of airport security and flight safety, each passenger is allowed to carry only one hand baggage in the cabin, identified by name and surname, provided that the sum of the dimensions (base, height and depth) does not exceed a total of 115 cm. In addition to this baggage, the passenger must also be allowed to bring a purse or a briefcase, a camera (...) items purchased at the duty free shop”. Therefore, even on the regulatory front, the essential nature of a minimum guaranteed volume of hand baggage in air transport appears undisputable. Hypothetically, the reduction in size of hand luggage allowance operated by the two carriers could have been far less controversial if the volume and weight allowed to a single passenger had been the result of a fair distribution of space in the overhead bins between all passengers of the plane. In doing so, the airline would guarantee everyone, regardless of their position of entry into the aircraft, of being able to carry their personal belongings with them; therefore, it would have been motivated by the objective of overcoming the inequitable treatment of passengers. However, this has not been verified and proof is the contextual resale of the entire remaining space of the overhead bins27 for the sole benefit of the carrier. The Regional Administrative Court of Lazio is not of this opinion28. The TAR argues that it does not result from any regulatory provision or even from the uses that the size of the hand baggage included in the rate must correspond to the large hand baggage. In addition, the companies in question do not prevent the consumer from carrying cabin baggage in the cabin without weight limits, 26 See: C. Vignali, cit, p. 185. 27 The same Ministry of Innovation and Technology – Hungarian Aeronautical Supervision Administration had stated that “specifically, the Authority first of all noted that (...) each passenger must be allowed to carry a carry- -on bag on board the aircraft and therefore highlighted that, under the previous hand baggage policy, a considerable percentage of passengers who had purchased the basic fare had their hand baggage transferred to the hold only at the time of boarding the flight, in reason for the exhaustion of the appropriate spaces on board the aircraft”. AGCM, PS 11272, in Bulletin of 25 February 2019, p. 14. According to Wizz air, if the average number of cabin bags exceeds the space available in the overhead compartments, it is certainly reasonable to believe that the carrier can limit the number and size of baggage that can be carried in the cabin and this not only in order to comply applicable safety requirements, but also to avoid consequences on the regular operation of flights, especially in terms of delays. The new policy, on the other hand, guarantees all passengers to carry all their personal. 28 In the two appeals judgments of the AGCM: 12455/2019 and 12456/2019.
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