New European Court Ruling Treats Pets as Baggage for Air Travel: Important News for Pet Parents Flying Between Buenos Aires and Barcelona

Published on
October 21, 2025

New european court ruling treats pets as baggage

In a groundbreaking legal ruling, the European Court of Justice (ECJ) has officially categorized pets traveling by air as baggage. This decision, made on October 20, 2025, has significant implications for pet owners traveling with their animals, particularly between international destinations like Buenos Aires and Barcelona. The case was prompted by a distressing situation where a dog named Mona, during a flight with Iberia Airline, went missing after escaping from its crate in the cargo hold. The owner sought compensation for emotional distress, but the court’s ruling now sets a precedent that pets will be treated in the same manner as checked luggage under the Montreal Convention unless their value is specifically declared before the flight.

Pet Travel Now Classified as Baggage Under ECJ Ruling

The ECJ‘s decision is a pivotal moment in the world of air travel regulations. The court’s ruling stated that pets being transported in the cargo hold of an aircraft are legally considered part of the baggage under the Montreal Convention. This means that if a pet is lost or harmed during air travel, the airline’s liability mirrors that of checked luggage, which typically has a capped compensation amount.

While the Montreal Convention provides protections for passengers and baggage, pets are not classified as passengers. Therefore, airlines are not obligated to provide higher compensation for emotional distress caused by the loss of a pet, unless the owner has declared the pet’s value prior to the flight. In this case, Mona’s owner had not made such a declaration, and as a result, the compensation awarded was 1,578.82 euros — far below the claim initially sought.

The Case of Mona: A Tragic Example

This case revolved around a dog named Mona, who was lost during a flight from Buenos Aires to Barcelona. Mona was checked in as baggage in a special crate, but during the transfer to the aircraft, the pet managed to escape. Despite an extensive search effort and viral social media campaigns to find Mona, the pet was never recovered.

Mona’s owner filed a claim against Iberia Airlines, demanding 5,000 euros in compensation for the emotional distress caused by the loss. However, the airline accepted responsibility for the loss but contested the amount, citing that it exceeded the standard compensation limits set by the Montreal Convention.

European Court of Justice’s Ruling: No Special Treatment for Pets Without Declaration

The ECJ ultimately sided with Iberia Airlines, reinforcing the fact that, unless a pet’s value is declared, it falls under the same liability rules as baggage. The court also clarified that animal welfare, though important to the European Union, does not alter the legal classification of pets during air travel.

This judgment means that the liability for lost pets will be restricted to the compensation amounts set for lost luggage unless a prior declaration is made. For pet owners traveling with their animals, this highlights the importance of making such declarations before flying, particularly for those with valuable or irreplaceable pets.

What Travelers Should Know About Pet Travel Liability

For travelers who wish to bring their pets on flights, here are a few key points to remember:

  • Declare your pet’s value: To ensure that you’re eligible for higher compensation in case something goes wrong, make sure you declare the value of your pet at the time of check-in. This could be particularly important if you’re traveling with a highly valued pet.
  • Follow airline rules: Different airlines have their own regulations about traveling with pets. Always check their specific guidelines regarding cargo hold transport, in-cabin pets, and what is required to ensure the safety and comfort of your pet during the flight.
  • Understand liability limitations: If your pet is lost or injured during a flight, airlines are only liable for the standard baggage compensation, unless the pet’s value has been declared. Be aware of this limitation before flying.
  • Check your pet’s crate: Make sure that the travel crate is secure and meets the airline’s requirements. A sturdy, well-ventilated crate will ensure your pet’s safety and help avoid incidents like the one that led to Mona’s loss.

Legal Precedents: Impact on Pet Travel in Europe

This decision sets a legal precedent for all pet travel in Europe. The ECJ ruling establishes that pets in the cargo hold are treated as baggage, impacting liability claims. Pet owners may find this ruling disappointing, especially considering the strong emotional bond they share with their animals. However, this decision might also lead to more clarity in terms of compensation and liability for airlines across Europe.

A Reminder on Animal Welfare in Air Travel

Although the court’s ruling has prioritized legal and financial guidelines, the discussion about animal welfare continues to be a key topic for both animal rights advocates and pet owners. The ECJ did acknowledge that animal welfare is important to the European Union, but it does not change how pets are classified under the law during air transport.

For travelers, it’s important to remember that the safe transport of animals remains a priority, and travelers should always take steps to ensure their pets are comfortable and secure during their journey.

Final Thoughts on Traveling with Pets

For pet owners planning international travel, especially on long-haul flights, this ruling serves as a reminder to be diligent about your pet’s safety and the legal implications of their transport. Compensation limits for lost or harmed pets will depend on how the pet is classified and whether its value is declared. As the travel industry evolves, there may be further discussions about the balance between legal liability and animal welfare, but for now, travelers should be proactive in securing the best possible experience for their pets.

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