Pets can legally be classed as baggage when travelling on aircraft, the European Court of Justice (ECJ) has ruled.
Dogs can be classified as baggage on flights
The ruling follows a six-year legal battle launched after a dog named Mona disappeared during a flight from Buenos Aires to Barcelona in 2019.
The passenger, identified only as Felicisima, and her mother had purchased tickets with Spanish airline Iberia and checked in Mona in a pet carrier. Due to her size and weight, the animal was placed in the hold.
According to court documents, Felicisima “did not make a special declaration of interest in delivery at destination concerning the baggage”.
During boarding, the ECJ papers said: “The dog got out of the carrier, started running near the plane and could not be recovered.”
Felicisima sought €5,000 (£4,357) in compensation for the emotional damage suffered after losing her pet. Iberia accepted liability for the loss but disputed the amount, arguing that any payment should fall within the compensation limits for checked baggage.
The ECJ agreed, concluding that without a special declaration before the flight, the passenger was entitled to only €1,578.82 (£1,372) – around one-third of her original claim.
In its judgment, the court said: “According to the Montreal Convention, other than carriage of cargo, aircrafts perform international carriage of persons and baggage.”
It clarified that the term “persons” refers to passengers and that pets therefore fall under the legal definition of baggage.
The ruling means compensation for lost or damaged animals is subject to the same liability rules as luggage, unless a passenger makes a special declaration in advance and pays an additional fee.
The court added: “The fact that the protection of animal welfare is an objective of general interest recognised by the European Union does not prevent animals from being transported as ‘baggage’ and from being regarded as such for the purposes of the liability resulting from the loss of an animal, upon the condition that full regard is paid to animal welfare requirements while they are transported.”
The decision establishes a clear precedent for similar cases across the EU, defining how airlines handle claims involving pets lost during transport.
