The European Court of Justice (ECJ) has ruled that pets on flights can be classified as baggage, meaning airlines are not required to pay higher compensation if an animal is lost. This decision came after Europe’s highest court was asked to intervene in a case where a dog named Mona went missing during a journey from Buenos Aires to Barcelona, leading the owner to seek compensation.
The court heard that the passenger and her mother checked in for the flight with Mona, who was placed in a special pet crate. However, the dog escaped while being transported to the plane and was never found, prompting a claim for €5,000 in “non-material damage” and a six-year legal battle.
The court stated that since the passenger and her mother did not make any special declarations about the baggage during check-in, they could not claim additional losses. Pets are not commonly seen on European flights but are more frequent on transatlantic routes, with small dogs allowed in the cabin. Larger dogs, like Mona, must travel in the hold on airlines that permit pets.
According to court documents, Mona escaped from her carrier, ran near the plane, and could not be recovered. Despite an extensive search, including a social media campaign launched by the owner, Felicísima, the dog was never found. This case sets a precedent for travelers who do not declare the contents of their pet crate and subsequently lose their animal.
The airline involved, Iberia, accepted responsibility for losing the pet but disputed the amount claimed, arguing it exceeded the liability for lost luggage without a special declaration. A Spanish judge referred the case to the ECJ to clarify whether the term “baggage” under the Montréal Convention—an international treaty governing airline liability for losses—applies to pets.
The court concluded that the convention clearly distinguishes between “persons” and “baggage,” meaning a pet cannot be considered a passenger and must be treated as baggage. Compensation for the loss of a pet during transport is therefore subject to the same liability rules as baggage.
The judge also noted that airlines’ liability for lost baggage can be influenced by special declarations about contents, which were not made in this case. As a result, the Spanish court ruled that Felicísima was only entitled to €1,578.82, a fraction of the original claim.
In a statement, the ECJ emphasized that while animal welfare is a recognized objective of the EU, it does not prevent pets from being transported as baggage or being treated as such for liability purposes in case of loss.
Frequently Asked Questions
Of course Here is a list of helpful and clear FAQs about the EU court ruling on pets as baggage
BeginnerLevel Questions
1 What exactly did the EUs highest court decide
The Court of Justice of the European Union ruled that airlines can legally classify pets traveling in the hold as baggage for the purpose of applying their rules and liability
2 Does this mean my pet is now treated like a suitcase
No not in terms of care The ruling is primarily about the legal and financial responsibilities of the airline if something goes wrong Your pet is still a living animal but for compensation purposes it is categorized as checked baggage
3 Is this a new rule that changes how I book my pet on a flight
No this is not a new regulation Its a legal interpretation of existing rules Your booking process and the airlines specific requirements for pet travel remain the same
4 Are all pets considered baggage
The ruling specifically applies to pets traveling as accompanied baggage in the aircrafts cargo hold Pets in the cabin are typically not classified this way
Advanced Practical Questions
5 What is the main impact of this ruling for pet owners
The biggest impact is on liability If an airline loses or injures your pet the compensation you can claim is limited by international baggage liability rules which are often much lower than the actual value of your pet
6 How much compensation could I get if my pet is lost or injured
Under the Montreal Convention which governs international air travel liability for lost baggage is currently limited to around 1288 Special Drawing Rights which is approximately 1500 or 1700 This is a maximum cap and the actual amount may be less
7 Can an airline be held responsible if my pet dies during a flight
Yes but the airlines financial liability will be capped by the baggage compensation limits mentioned above To claim this you would need to prove the airline was at fault for the death
8 Does this ruling apply to all airlines
It applies to all flights departing from an EU member state regardless of the airline For flights arriving in the EU on a nonEU airline the rules of that airlines home country may
