The Supreme court upheld the passage of the aircraft over personal belongings baggage


MOSCOW, 7 Aug. / The Supreme court (SC) of Russia has rejected the complaint of airline “Victory” that requires partially cancel carry-on baggage rules, enabling passengers to take in the beauty of in excess of 5 kg of flowers, a backpack, a handbag and some other things, the correspondent

“The claim of the airline to refuse”, – says the decision of the court. The lawsuit was organized by the Ministry of justice and the Ministry of transport.

As stated by the General Director of “Victory” Andrey Kalmykov and lawyer Genrikh Padva, the airline is appealing the decision. “We are of course going to appeal the decision because we see neispolnenie such rules, – said Kalmykov. But if the decision will enter into force after the appeal we will be forced to revise our rules.” According to him, “schedule of turnover of the aircraft will change” that will increase the cost of tickets.

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

The background

Litigation on the case started in the spring. The airline, after changing the legislation on hand baggage and the introduction of mandatory free transportation of a minimum of 5 kg of Luggage imposed its own rules: they are not tied to weight Luggage, however, limit the size to 36х30х27 centimeters in three dimensions.

In April, the “Victory” lost the court with the Prosecutor on the issue of compliance with paragraph 135 of the Federal aviation regulations. Under this item, the passengers, in addition to the established norm of free baggage allowance, hand Luggage can I take on Board a handbag, a backpack, a bouquet of flowers, baby food, garment, suit holdall, medications, the device for carrying baby, canes, crutches, Walker, wheelchair, rollator and bought in shops duty free goods. In may, the “Victory” was filed in the Supreme court of the Russian Federation the claim with the requirement to recognize partially invalid the new rules on hand baggage in the aircraft, which was taken in the fall of 2017.

“Victory” was asked to remove from list of free things for transporting a handbag, a backpack, a bouquet of flowers, suit holdall, leaving the list of all other items. The bag, backpack and other things are allowed to free transport if they meet the specified company size. The Ministry of transport insisted to postpone the trial. According to its representatives, the Agency is now developing another bill which will take the whole list of FAP-135 in FAP-133.

Positions of the parties

In court on the side of “Victory” in addition to Kalmykova and Padua, was made by the head of the legal Department Alexey Stankevich. The airline explained its claim that the resolution on carrying excess baggage threatens the safety of passengers.

During the court hearing, the representatives of “Victory” for clarity during the explanation of their claims for the abolition of the free transportation of the items showed a calibrator to determine the dimensions of Luggage. Kalmykov, proving the company’s position, explained that the airline has ordered a special study from Boeing (copy have in which the manufacturer concluded that for the safe transportation of 189 passengers on Board (maximum load of the aircraft “Victory”), each passenger can put on the top shelf one piece of hand baggage size 36х30х27 cm in three dimensions.

In this case, said Kalmykov, “Victory” may not ask the passenger to remove the carry-on baggage under standing in front of the chair: the layout of the aircraft as dense and under the seat there’s only room for passenger’s feet. “The design is exactly our aircraft is such that the layout of the aircraft is made with the maximum density. We use so-called thin seats, to carry more number of passengers. Place under distance [foot] – 29 inches. Very small, so any space to accommodate hand Luggage down there,” he said.

The Kalmyks also added that when suschesvuet rules can ensure the safety of passengers. Moreover, the Kalmyks during the meeting said that the current requirements for hand Luggage designed without taking into account the capacity of aircraft and their types. According to him, now the requirements are the same for narrow-body aircraft wide-body and long haul aircraft.

In turn lawyers of the Ministry told the court that the rules elaborated in consultation with the airline and given the complaints of passengers. “When you permit the carrying of items in excess of take into account that some things are impossible to weigh, and others – these items necessities in the course of the flight,” – said the lawyer.

Prosecutors in court supported the Ministry of transport, considering that the contested paragraph of the rules comply with the law. The judgment has not yet entered into force and may be appealed.

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