EU Court: Pets on airplanes are considered baggage

The Court of Justice of the European Union (ECJ) has ruled that pets transported on flights are legally classified as “baggage.” This decision means that airlines are not obliged to pay higher compensation in the event a pet is lost, unless a special value declaration was made.

The ruling follows a six-year legal dispute initiated after an incident on an Iberia flight from Buenos Aires to Barcelona. A dog named Mona, traveling in a special container in the luggage compartment, escaped during loading and was never found.

The dog’s owner claimed €5,000 in compensation for “non-material damage.” Iberia acknowledged responsibility for the loss but contested the amount, arguing that it exceeded the liability limit for lost baggage since no special declaration regarding the value of the container’s contents had been made.

The Spanish court handling the case asked the ECJ to clarify whether a dog falls under the definition of “baggage” under the Montreal Convention, which governs airline liability.

The Luxembourg court ruled that under the convention, an animal cannot be considered a “passenger” and must therefore be treated as “baggage.” The decision sets a precedent limiting compensation for lost pets during air transport to standard baggage liability rules. The owner’s lawyers disagreed, noting that airlines generally do not accept “special value declarations” for animals.