• Pets Classified as Baggage: The European Court of Justice has ruled that pets lost during air travel are considered “baggage” for compensation purposes.
• Compensation Limits Apply: Compensation for a lost pet is limited to the same amount as lost luggage under the Montreal Convention.
• Origin of the Case: The ruling stems from a Spanish case where a dog traveling with Iberia went missing in 2019, leading to a claim for non-material damages.
• Montreal Convention Basis: The decision clarifies that the Montreal Convention’s liability limits for checked baggage, set at 1,519 Special Drawing Rights (approximately €1,800), apply to pets, as pets are not considered “passengers.”

The European Court of Justice has ruled that pets lost during air travel are to be considered “baggage” for compensation purposes, limiting claims to the same amount as lost luggage. Judges in Luxembourg determined that an animal transported by air falls within the same category as suitcases and bags under existing regulations. This decision addresses a specific legal question regarding the classification of pets in commercial air transport.

The case originated in Spain, involving a woman whose dog went missing while being transported by Iberia from Buenos Aires to Barcelona in October 2019. The animal reportedly escaped from its crate en route to the plane’s cargo hold. The passenger subsequently sought €5,000 in non-material damages from the airline through a Spanish court.

Iberia acknowledged its liability but referenced the Montreal Convention, an international treaty that governs air carrier liability for passengers, luggage, and cargo. This convention establishes limits on liability for checked baggage. The Spanish court then referred the question to the EU court to clarify whether these liability limits also apply to pets.

The EU judges’ ruling stated that the term “passengers” within the Montreal Convention refers exclusively to human travelers. Consequently, pets cannot be classified as passengers. This interpretation means that compensation for the loss of a pet during air travel is subject to the same rules and limits that apply to checked baggage.

Under the Montreal Convention, the compensation amount for lost luggage is set at 1,519 Special Drawing Rights (SDRs). This amount is currently equivalent to approximately €1,800. The ruling provides a legal precedent for how such incidents will be handled in terms of financial liability within the European Union.

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