The European Union’s top court ruled on Thursday that a dog travelling in an aircraft’s cargo hold qualifies as baggage, meaning airlines are not obliged to pay higher compensation if the animal is lost.
The case arose from a dispute between Spanish airline Iberia and a passenger whose dog went missing on a flight from Buenos Aires to Barcelona in October 2019. The dog, which had to travel in the hold due to its size and weight, escaped while being taken to the plane and was never recovered.
The passenger sought €5,000 ($5,400) in damages. Iberia acknowledged responsibility but argued that compensation should be limited to the lower amount applicable to checked baggage under the Montreal Convention, which governs airline liability.
The Spanish court handling the claim referred the matter to the European Court of Justice, which sided with the airline. The Luxembourg-based court ruled: “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 added that animals may be treated as baggage for liability purposes, “provided full regard is paid to animal welfare requirements during transport.” The passenger had not made a “special declaration of interest” at check-in, which allows higher compensation for an additional fee with airline approval.
The ruling is advisory, leaving the final decision on compensation to the Spanish court managing the claim.