The European Union’s top court has ruled that a dog transported in an aircraft’s cargo hold is legally considered baggage, meaning airlines are not required to pay higher compensation if the animal is lost.
The decision arose from a dispute between Spanish airline Iberia and a passenger whose dog went missing during a flight from Buenos Aires to Barcelona in October 2019. The dog, which had to travel in the hold because of its size and weight, escaped while being taken to the plane and was never found.
The passenger sought €5,000 ($5,400) in damages, while Iberia accepted responsibility but argued that compensation should be limited to the lower amount applicable to checked baggage under the Montreal Convention, which governs airline liability for lost or damaged items.
Uncertain about how to interpret the law, a Spanish court referred the case to the European Union Court of Justice (CJEU), which sided with the airline.
In its judgment, the Luxembourg-based court stated that although the word “baggage” generally refers to objects, pets may fall under that definition for the purposes of liability.
“Even though the ordinary meaning of the word ‘baggage’ refers to objects, this alone does not lead to the conclusion that pets fall outside that concept,” the court said.
It added that an animal can be classified as baggage “provided that full regard is paid to animal welfare requirements while they are transported.”
The court also noted that the passenger had not made a special declaration of interest during check-in, an option that allows travelers to pay an additional fee for higher compensation in the event of loss or damage.
The ruling serves as legal guidance and leaves the final decision on compensation to the Spanish court handling the case.
