The case of Rostransnadzor against Pobeda reached the highest court RF and ended with the loss of the airline. As a result, the main low-cost carrier of Russia, having lost in the Supreme Court, announced that it would change the requirement for hand luggage, the claims to which became the basis for this dispute. After several appeals, the Supreme Court declared illegal the dimensions of the carry-on baggage allowed by the carrier, and said that the requirements lower the established free baggage allowance and infringe on the rights of passengers
As a representative of the low-cost airline told RBC, Pobeda Airlines will clarify the rules for carrying hand luggage, “so that customers can still safely and comfortably transport personal belongings on board the aircraft without causing inconvenience to each other,” representatives of Pobeda assured. They also added that the airline unconditionally complies with applicable law.
Recall the essence of the case, which has been dragging on since June 2021. It all started with the requirement of Rostransnadzor to change the baggage allowance. The department put forward the requirements after verification, since the existing rules of Pobeda were called “contrary to the requirements of the law.” The management of the low-cost airline filed a cassation appeal against this.
The arbitration court made an original conclusion: it turned out that Pobeda had established two different options for carrying hand luggage. The first one is based on the requirements of FAP-82, where the carry-on baggage allowance is 4x36x30 cm, and the requirement also includes additional items that can be carried in excess of the allowance. The second hand luggage allowance does not establish, but provides for a restriction on the total dimensions of things (items) presented for carriage as hand luggage (36x30x27 cm). The court ordered the carrier to eliminate the discrepancies, but the airline did not agree with this and filed a cassation appeal.
As a result, the Supreme Court stated that the low-cost airline “reduces the established free carry-on baggage allowance and limits the passenger’s right to carry baggage without charging an additional fee, and the rules established by the airline violate the requirements of the law and contain double standards for the carriage of hand luggage.”
At the moment, the low-cost airline website contains the following requirements: “The size of hand luggage should not exceed 36x30x27 cm. The number of things that a passenger can carry , while not limited. In excess of the norm, you can take a laptop or tablet in a soft case, an umbrella-cane, a bouquet of flowers, one package of liquids with a maximum volume of 100 ml into the cabin of the aircraft.
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