The Supreme Court ruled that it was legal to carry personal belongings on airplanes in excess of the carry-on baggage allowance. Low-cost airline "Pobeda" lost the court on the issue of hand luggage

MOSCOW, August 7. / TASS /. The Supreme Court (Armed Forces) of Russia rejected the claim of the Pobeda airline, demanding to partially cancel the transportation rules hand luggage, which allow the passenger to take flowers, a backpack, a handbag and some other things into the cabin in excess of the 5 kg norm, the TASS correspondent reports.

"To reject the airline's claim," the court's decision reads. The respondents in the claim were the Ministry of Justice and the Ministry of Transport.

Pobeda CEO Andrei Kalmykov and attorney Genrikh Padva said the airline will appeal the decision. "We, of course, will appeal this decision, because we see the impracticability of such rules," said Kalmykov. "But if the decision comes into force, then after the appeal we will be forced to revise our rules." According to him, "the turnover schedule aircraft will change ", which will lead to higher ticket prices.

According to the lawyer, the company will appeal the decision of the court in the appellate instance.

Background

Litigation in the case began in the spring. After changing the legislation on the carriage of hand luggage and introducing the obligatory free transportation of at least 5 kg of luggage, the airline introduced its own rules: they are not tied to the weight of the luggage, but they limit the dimensions to 36x30x27 centimeters in three dimensions.

In April, Pobeda lost a trial with the prosecutor's office on the issue of compliance with paragraph 135 of the Federal Aviation Rules. According to this clause, in addition to the established free baggage allowance, passengers can take on board a handbag, a backpack, a bouquet of flowers, baby food, outerwear, a suit in a garment bag, medicines, a device for carrying a child, walking sticks, crutches. , walkers, wheelchairs, rollators and goods purchased from duty free shops. In May, Pobeda filed a lawsuit with the Supreme Court of the Russian Federation demanding to partially invalidate the new rules for carrying hand luggage on airplanes, which were adopted in the fall of 2017.

"Pobeda" asked to remove from the list of free things for transporting a handbag, a backpack, a bouquet of flowers, a suit in a garment bag, leaving all the other items in the list. At the same time, a bag, backpack and other things are allowed for free transportation if they correspond to the dimensions indicated by the company. The Ministry of Transport insisted on postponing the consideration of the case. According to its representatives, the department is now developing another bill that will transfer the entire list from FAP-135 to FAP-133.

Positions of the parties

In addition to Kalmykov and Padva, Aleksey Tankevich, the head of the legal department, spoke on the side of Victory in court. The airline motivated its claim by the fact that the permission to carry in excess of the carry-on baggage limit threatens the safety of passengers.

During the court session, representatives of Pobeda, for clarity, while explaining their demands to cancel the free transportation of some items, demonstrated a calibrator to determine the dimensions of luggage. Kalmykov, proving the company's position, explained that the low-cost airline ordered a special study from Boeing (TASS has a copy of it), in which the manufacturer came to the conclusion that for the safe transportation of 189 passengers on board (the maximum load of the Pobeda aircraft), each passenger can put on the top shelf one piece of hand luggage measuring 36x30x27 cm in three dimensions.

At the same time, Kalmykov noted, Pobeda cannot ask the passenger to remove the carry-on luggage under the seat in front: the layout of the aircraft is as tight as possible and under the seat there is only space for the passenger's legs. “The design of our particular aircraft is such that the layout of the aircraft is made taking into account the maximum density. We use so-called thin seats to carry as many passengers as possible. The space for the [legroom] distance is 29 inches. Very little, so what- or there is no room for hand luggage downstairs, "he said.

Kalmykov also added that under the existing rules, he cannot ensure the safety of passengers. Moreover, during the meeting, Kalmykov said that the current requirements for hand luggage were developed without taking into account the passenger capacity of aircraft and their types. According to him, now the requirements are the same for narrow-body aircraft and wide-body long-range aircraft.

In turn, the lawyers of the Ministry of Transport told the court that the rules were developed in agreement with the airline and taking into account the complaints of passengers. "When authorizing to carry a list of things in excess of the norm, it was taken into account that some things cannot be weighed, while others are essential items during the flight," the lawyer said.

The Prosecutor General's Office supported the Ministry of Transport in court, considering that the contested clause of the rules complies with the law. The court's decision has not yet entered into force and can be appealed.

The appeal obliged Pobeda to change the rules for carrying hand luggage. The Court of Appeal concluded that the airline does not have the right to charge the passenger additional money for luggage weighing less than 10 kg carried in the cabin. Nevertheless, "Pobeda" will continue to challenge this decision, since it believes that the ticket price includes only a limited set of things that can be carried without additional payment.

The Ninth Arbitration Court of Appeal upheld the decision of the previous instance, according to which the low-cost airline Pobeda (part of the Aeroflot group) is obliged to change the list of things from carry-on luggage, which the passenger has the right to carry without additional payment.

The reason for the litigation, which started at the beginning of the year, was the inspection of Rostransnadzor on the basis of an appeal by State Duma deputy Alena Arshinova. The deputy said that the representative of the airline ordered her to pay 2 thousand rubles in addition. for carrying in the aircraft cabin a "handbag in the form of a backpack" weighing up to 9 kg. But the defendant said that the Federal Aviation Regulations (FAP) prescribe free transportation of only a limited set of things, including handbags and briefcases, and about "backpacks in the FAP, nothing is said." In addition, the legislation does not clearly indicate restrictions on weight and size, the company insists. Therefore, based on the rules of operation of "Pobeda" now, the cost of a low-cost airline ticket includes only the possibility of carrying up to 10 kg of luggage, provided that it is checked in as luggage and not carried on board the aircraft. Otherwise, for each piece of baggage in the cabin, you need to pay from 999 rubles. up to 2 thousand rubles. (€ 25-35 for international flights).

Judge Yekaterina Aksenova, who examined the case in the court of first instance, commenting on the applicant's words, called the difference between a handbag and a small backpack “a game of wording”. She also clarified that when entering the plane, Mrs. Arshinova had only a "backpack" in her hands. The court indicated in the ruling that “by establishing such a type of baggage as a“ handbag ”included in the carriage,“ Pobeda ”reserved the right to decide which type of handbag fits or does not fit this definition, which is unacceptable and contradicts the FAP”.

The press service of Pobeda told Kommersant that they would continue to challenge the said decision.

Note that the rules of one of the largest European low-cost airlines - the British airline EasyJet - do not limit the weight of carry-on baggage if it meets certain dimensions and the passenger is able to place it on the overhead rack without assistance. The Irish low-cost airline Ryanair includes two pieces of hand luggage of certain dimensions in the ticket price, one must not weigh more than 10 kg.

Elizaveta Kuznetsova

How Pobeda announced the introduction of duty-free transportation fees

Low-cost airline Pobeda (part of the Aeroflot group) in November 2015 announced the introduction of fees for carrying Duty Free packages on international flights. The cost of the service averaged 700 rubles. Meanwhile, the conditions of transportation "Victory" raised questions from Rospotrebnadzor.

Why "Victory" is not expected in Europe

The subsidiary low-cost airline "Aeroflot" "Pobeda" in July faced difficulties when entering foreign routes. German Lufthansa has blocked Pobeda's idea of ​​selling cheap Fly & Bus tickets with passengers to Zurich, and in Innsbruck, Austria, the low-cost airline did not get slots from Austrian Airlines. The fears of competitors are justified: after the start of Pobeda's flights to Bergamo, Alitalia stopped flights from there to Moscow. However, Pobeda has similar difficulties in Russia: the development of domestic routes carries risks of competition with other airlines of the Aeroflot group.

So-called low cost airline"" was forced to abandon the rules for carrying free items of hand luggage, which had been in its rules for a long time. The carrier removed the descriptions of the briefcase and handbag from its website, and also removed the restrictions on the size of these items. Similar instructions were sent to Pobeda's representatives at various airports, according to sob.corr. site.

However, previous announcements with invalid descriptions and restrictions are still available at check-in counters at at least some airports, including Moscow's Vnukovo. The templates for measuring briefcases and handbags are still not dismantled. In case of conflict situations, passengers should refer to the information on the Victory website.

For more than a year, Pobeda, in violation of federal aviation regulations (FAP), has required passengers to carry a bag, computer or handbag free of charge to no more than 75 centimeters in the sum of three dimensions. She also refused free transportation of those briefcases and bags that were more than 75 centimeters (and this is the majority of briefcases and a significant part of computer bags), or did not fit the definitions of these items coined by the company itself (this made it difficult to transport unusual handbags and the like). At the same time, statements and letters from regulators in the person of Rostransnadzor and the Ministry of Transport about the illegality of this practice did not stop Pobeda.

In February 2016, after a passenger's complaint, Rostransnadzor issued an inspection order to Pobeda to stop violations, but the airline appealed against it in an arbitration court. The court of first instance (case No.A40-123705 / 2016) confirmed the correctness of the regulator in July 2016, the appeal instance - in October, the cassation instance - in February 2017. Nevertheless, Pobeda appealed to the Supreme Court, which at the end of May refused the company to consider the appeal against the decisions of the lower courts, finding no violations in the decisions of the latter. Having thus exhausted the possibilities of appeal, Pobeda was forced to remove illegal claims from its transportation rules.

Unfortunately, it took almost a year and a half of court proceedings to resolve this not the most complicated issue, which reached the Supreme Court. In fact, many months of appeals allowed Pobeda to use them as an excuse for not fulfilling the instructions of the regulator and the FAP for almost a year and a half. It is possible that it was precisely such a delay in the execution of the decision (and not its cancellation) that was the real goal of the airline, since it allowed all these 16 months to continue to collect extra charges from passengers for carry-on luggage, based on the illegal provisions of the Pobeda transportation rules. At the same time, it is not entirely clear why the court decision, which entered into force in October 2016 after the decision of the court of appeal, was executed by the carrier only in May 2017.

In the decision of the court of first instance, later confirmed by the higher courts, in particular, it says: reserved the right to decide which type of handbag fits or does not fit this definition, which is unacceptable and contrary to paragraph 135 of FAP-82. "The courts also indicated that the airline's rules should not contradict general rules air transportation and degrade the level of passenger service in comparison with the guarantees established by the FAP.

At present, the text of the rules of "Victory" has been corrected, the provisions indicated by the courts, which do not correspond to the FAP, have been removed from it. The new text posted on the page for choosing baggage options of the booking system actually repeats the wording of the FAP and reads: "the following things are carried free of charge in the aircraft cabin if they are with the passenger and are not included in the baggage: a handbag or a briefcase (one of these items), a folder for papers, an umbrella, a cane, a bouquet of flowers, outerwear, prints for reading in flight, baby food for a child during the flight, a cell phone, a camera, a video camera, a laptop, a suit in a garment bag, a cradle when transporting a child. "

At the same time, one more case of the discrepancy between the rules of "Pobeda" (and a number of other airlines) and the requirements of FAP, considered in this case, remains unresolved. This applies to the passenger's right to carry 10 kilograms of baggage free of charge. Clause 122 of the FAP establishes that "the norms of free baggage allowance, including things carried by the passenger, cannot be less than ten kilograms per passenger." This provision actually gives the passenger the right to decide whether to carry these 10 kilograms in the cabin or check them in as checked baggage, although it does not say so directly. However, a number Russian airlines they interpret it differently: "Pobeda" requires by all means to check in these 10 kilograms in luggage, while Siberia Airlines (S7 Airlines), UTair and some other carriers, on the contrary, require the passenger to take them with him to the cabin. Meanwhile, the arbitration courts do not agree with the opinion of all these carriers.

In particular, in the same case of Pobeda versus Rostransnadzor, the courts of all instances came to the conclusion that the airline had no right to charge a passenger with a complaint of 2,000 rubles for hand luggage, since this luggage weighed only 9 kilograms and could be carried free of charge in the cabin, not just in the luggage compartment. In another case No. А40-219359 / 2016, which was investigated in 2016 after a passenger complained about Siberia Airlines, the arbitration court ruled that the passenger had the right to insist on the delivery of such an item in luggage instead of carrying it in the cabin, as Siberia demanded. In particular, the court indicated that if such an item weighing within 10 kilograms exceeds the dimensions permissible for carry-on baggage or contains items prohibited in carry-on baggage, then the requirement to carry it only in the cabin violates the passenger's right to carry it free of charge.

In other words, the courts interpret the FAP in favor of the passenger's right to choose the way of transporting 10 free kilograms. Unfortunately, not a single court, examining all these particular cases, formulated this right of the passenger in plain text, limiting itself only to indications of the illegal actions of carriers in specific cases of complaints. There is no direct wording in the FAPs themselves, which provokes airlines to interpret this point in different ways.

Until this moment is finally settled by the courts (or until the FAPs themselves change), Pobeda passengers can carry 10 kilograms of checked baggage free of charge, plus take any items from the above list with them to the cabin free of charge, including a briefcase or computer or handbag, outerwear , a folder for papers, prints, a computer, a camera, a camcorder, an umbrella, a bouquet of flowers and so on. It should be remembered that some Pobeda passengers at one time complained about the nit-picking of certain representatives of the carrier about cases or covers for a computer, camera or video camera and demands to pay for the carriage of these items. It is not entirely clear whether this strange practice has already been discontinued. The Victory website contains a vague statement about this: "It is not recommended to put a laptop, camera and camera in cases and other containers."

In addition, passengers should keep in mind other aspects of traveling on Pobeda flights: charges for more than 10 kilograms and parts, lack of food on board (and attempts to take their own food in a separate package will result in a fee of 2,000 rubles as for paid hand luggage). When buying on the Victory website, the company includes by default the ticket at the minimum "Standard" fare, to get rid of which you need to uncheck the corresponding item at the bottom of the selection page. additional services... The choice of a seat, and to stimulate the purchase of this service "Victory", passengers flying together to opposite ends of the cabin and to another place. A year ago, this led to a scandal: "Victory" for a family with a baby for the parents' attempt to reunite on the plane - after the airline itself deliberately put them in different rows in an effort to earn an extra 149 rubles for changing seats. Since then, "Victory" has also at least doubled this wild fee for the opportunity to sit together on the plane.

The Supreme Court of Russia, where the lawsuit of Pobeda Airlines regarding changes in the rules for carrying hand luggage was considered, sided with the consumers, not the carrier. As a result, passengers retained the right to carry bags, backpacks, briefcases over the established 5 kg carry-on baggage allowance into the aircraft cabin. "Victory", however, does not give up and promises to appeal the decision made by the Supreme Court.

The case began with an order from the Ministry of Transport, which entered into force in November 2017: the department considered that when registering for a flight, there was no need to weigh handbags or briefcases, taking them out of the term "carry-on luggage". Pobeda did not agree with this opinion. Representatives of the company pointed out, in particular, that the presence of bags and backpacks may affect safety, and also that the Ministry of Transport, making its decision, did not take into account the passenger capacity of the aircraft.

Airline CEO Andrey Kalmykov, substantiating Pobeda's objections in court, said that the carrier had ordered an expert study from Boeing, and received the following conclusion: in order to safely transport 189 passengers (this is the maximum load of the aircraft that Pobeda uses), each passenger can take take along one piece of hand luggage measuring 36x30x27 cm in three dimensions. Moreover, this carry-on luggage should only be on the top shelf. It is impossible to remove it under the chair in front.

“The design of our aircraft specifically is as follows, - explained Mr. Kalmykov, - that the layout of the aircraft is made taking into account the maximum density. We use so-called thin seats to carry as many passengers as possible. The space for the distance is 29 inches. Very little, so there is no place for hand luggage downstairs. ".

On this moment, as a reminder, the following rules apply for the carriage of things in the cabin of the aircraft.

A passenger, regardless of the type of ticket with which he is traveling (returnable, non-returnable, with luggage, without luggage), has the right to take hand luggage weighing up to 5 kilograms with him to the aircraft cabin. Some airlines allow more weight.

In excess of this established norm, a passenger can carry with him a handbag, a men's briefcase or a backpack (the weight and dimensions of the backpack are set by the carrier), a suitcase, outerwear, baby food and a stroller, a bouquet of flowers, as well as medicines.

Phones, books, cameras, laptops can be carried into the cabin only if they are hidden in carry-on luggage.

In addition, the passenger can carry into the salon free of charge purchases from duty-free - but in accordance with the dimensions and weight restrictions that each airline sets independently.

Illustration: Pravo.ru / Petr Kozlov

The Supreme Court considered the claim of the Pobeda airline. The low-cost airline of the Aeroflot group demanded that the clause of the rules for the carriage of hand luggage be declared illegal, obliging the carrier to take on board things in excess of the 5 kg norm - backpacks, handbags, bouquets and suits in a garment bag. Passengers abuse, norms were adopted without regard technical characteristics aircrafts, and there is simply nowhere to put things in the cabin, the representatives of the carrier insisted.

The essence of the dispute

The respondents in the dispute were the Ministry of Transport and the Ministry of Justice. The company demanded that clause 135 be declared illegal General rules air transportation passengers, baggage and cargo, approved by order of the Ministry of Transport in October 2017. The disputed item contains a list of items that can be taken on board in excess of the free carry-on baggage allowance, which today is 5 kg. The list included a backpack, a handbag, a bouquet of flowers, outerwear, baby food for a child during the flight, a suit in a garment bag, a device for carrying a child, drugs in the amount necessary for a flight, special crutches, canes, walkers, rollators and others. rehabilitation aids, a folding wheelchair and goods purchased at duty free. Everything, except for "socially significant items" - medicines, baby food, carrying and medical equipment - should not be transported free of charge, according to Pobeda.

is the minimum weight of the hand luggage of a flight passenger. The rest is designated as "excess" carry-on baggage.

The position of the applicants, who, in addition to the representatives of the air carrier itself, were represented in court by the lawyer Genrikh Padva, was that the Ministry of Transport unlawfully invaded the sphere of legal regulation. Air Code and arbitrarily established the obligation of the carrier to accept things in excess of free rate carry-on baggage specified in paragraphs. 2.1, clause 2 of Art. 106 VK and p. 133 FAP-82. Such a duty is not provided for by federal law, insisted the representatives of Pobeda.

In addition, they drew the court's attention to the fact that the contested point contradicts paragraph 133 of the same rules. The carrier has mutually exclusive obligations: on the one hand, he must carry hand luggage, the weight and dimensions of which allow it to be safely placed in the cabin (clause 133 of FAP-82), on the other hand, he must accept additional things to hand luggage without taking into account their weight and dimensions and the ability to place them safely - with the exception of a backpack (p. 135 FAP-82), while taking into account the dimensions of the aircraft it is impossible to do this.

Ministry of Transport expanded the norm

Meanwhile, a week before the consideration of the case, the Ministry of Transport decided to finally resolve the issue of hand luggage and presented a bill proposing to amend paragraph 133 of the FAP. According to the bill, the text of which is published on the official portal of regulatory legal acts, it is proposed to completely exclude weighing of items that can be taken on board in excess of carry-on luggage (in excess of 5 kg provided by the law), including women's handbags, briefcases, bouquets of flowers, etc. etc.

In other words, it is proposed to exclude free transportation of bags, briefcases and other things from paragraph 135 of the FAP as transportation "in excess of the norm" and to make the transportation of these items part of this free norm for the carrier.

It is also suggested that the free carry-on baggage allowance does not include the weight of the backpack, packed duty free goods and devices for carrying a child (baby bassinet, car seats for children under 2 years old, strollers, etc.). At the same time, the carrier can limit the weight and dimensions of these items so that they can be safely placed in the cabin. So they have to be weighed. According to the current version of the rules, if the carry-on baggage allowance is at least 5 kg, there are no exceptions when weighing.

PASS FOR OVERBOOKING

suggested by the Ministry of Transport. Fines are proposed to be levied in favor of passengers. The ministry refused to legalize overbooking.

Representatives of the Ministry of Transport petitioned to postpone the consideration of the case, referring to the fact that the draft law, directly related to the contested provisions, is at the stage of consideration. However, the presiding judge dismissed the request, agreeing with the prosecutor and the applicant that the contested circumstances did not change this in any way.

Three fur coats and an oversized handbag

During the hearing, the applicants reiterated their position. They emphasized: in Art. 106 VK states that passengers are entitled to free carry-on baggage within the limits set by the carrier in accordance with the FAP, approved on the basis of the requirements of the aircraft's operational documentation. It was the approval of the requirements that aroused the most questions.

The representative of the airline, CEO Andrei Kalmykov, stressed that no one took into account the characteristics of their aircraft, although the norms for the volume of hand luggage proposed by Pobeda are based on the recommendation provided by Boeing: things can only be placed on the shelves, and under the seats it is not allowed, and baggage allowance will affect both safety and comfort of passengers. The Ministry of Transport said that the approval of the requirements was carried out by a working group, including carriers and passengers, and proceeded from the "averaged parameters" of the aircraft. At the same time, norms for hand luggage were drawn up, taking into account the fact that things can be put on the luggage racks and under the seat in front. There is no such possibility in Pobeda planes. The judge's question about how the FAP should be applied to Pobeda, taking into account the balance of interests of the parties, remained unanswered.

Only you have problems, other carriers have no complaints, - said the representatives of the Ministry of Transport.

Only we have such a dense layout of the aircraft, - Andrey Kalmykov objected.

"We proceeded from the fact that some of the things cannot be weighed, but they may be needed in flight, before or after, a bouquet is for romantics, outerwear is to reach the gangway in cold weather<...>", - explained the representative of the Ministry of Transport and emphasized that the decision on the list of compulsory subjects is collegial.

But Pobeda did not think so. The representatives of "Pobeda" proposed to refuse the bouquet, referring to the possible allergy of passengers. "Passengers should be warned in advance about health problems," objected a representative of the Ministry of Transport.

One of the main criteria of a legislative act is certainty. It had to be formulated in such a way that it was interpreted unambiguously. P. 135 FPA can be interpreted as you like.<...>If we talk about the balance of passenger convenience and traffic safety, the priority is safety, and it is not observed under these standards. This norm is harmful to both the carrier and citizens.

Heinrich Padva, lawyer

Also in "Pobeda" they complained that the size of a handbag or a briefcase is not regulated anywhere, in a garment bag, the size of which is not inferior to a luggage bag, you can carry a lot of clothes, and there is no way to control this, and the item regarding the free transportation of outerwear leads to abuse, for example on Italian flights. “Passengers carry three fur coats, referring to the fact that these are outerwear,” Kalmykov was indignant. The issue of outerwear caused a heated discussion: the representative of the airline had to explain separately: the clothes that are on the passenger will not be taken into account: no one is weighing them anyway. "If this is a passenger's clothing, no one is against it, but today's standards allow you to carry additional things. We are in favor of establishing clear and understandable rules. cargo hold, the passenger must warn about this 24 hours in advance, "Andrei Kalmykov argued to the court.

The Ministry of Transport said that they faced the problem of additional outerwear for the first time and were "ready for dialogue."

To nullify abuses from all sides is an impossible task, all issues that arise in practice must be resolved by the participants in the situation, - said the representative of the Ministry of Transport.

Why not indicate in the FAP that it is necessary to proceed from the carrier's norms? The carrier needs at least minimal tools to control hand luggage, objected in Pobeda.

The representative of the Ministry of Justice supported the position of the Ministry of Transport, while recognizing that the requirements of the FAP should be developed in accordance with Art. 106 VK.

Nevertheless, after listening to the arguments of the parties, he refused to meet the demands of Pobeda. Heinrich Padva said that "Victory" is likely to challenge the decision made by the Armed Forces. The general director of the airline, Andrei Kalmykov, said that if the decision nevertheless enters into force, the airline will have to look for a way out, for example, to place hand luggage "in excess of the norm" in the luggage, since it is not physically possible to place it on the shelves - it is unsafe. As a result, this can affect the cost of air tickets.