Court of Justice: Pets considered as 'baggage' in air travel
An air passenger wants to travel with her dog from Argentina to Spain. The dog cannot travel in the cabin. So Iberia, a Spanish airline, transports it to the plane's hold. But on the way there, something goes wrong, and the dog goes missing. The passenger and Iberia disagree on the compensation. The case is taken to the Spanish court, which questions whether an animal can be classified as 'baggage'.
Dog escapes from transport box
On 22 October 2019, a passenger was travelling with her dog on a flight from Buenos Aires (Argentina) to Barcelona (Spain). Iberia, a Spanish airline, operates the flight. Because the dog is too big and heavy to travel in the cabin, it is transported to the hold in a transport box. At check-in, the passenger does not make any special declaration about the value or importance of her baggage upon arrival at the destination.
While being transported to the plane, the dog escapes. Unfortunately, it was never found afterwards. The passenger is requesting compensation of €5000 for the grief she has suffered from the loss of her pet. Iberia acknowledges its responsibility and agrees that the passenger is entitled to compensation. But the airline states that the standard limit for checked baggage applies. In 2019, the maximum reimbursement was approximately €1600.
Spanish court asks if the baggage allowance applies to pets
The Spanish court asks the Court of Justice to determine whether a pet travelling along on an aeroplane falls under the concept of 'passenger' or 'baggage' under the Montreal Convention, or whether pets are excluded. Additionally, the court wonders whether the maximum compensation for baggage is appropriate for the loss of an animal, since the impact is usually greater than for the loss of many belongings.
Court of Justice clarifies the words 'baggage' and 'passenger'
The Court of Justice ruled that pets are not excluded from the concept of 'baggage'. Usually, the word 'baggage' refers to objects. But that doesn't mean pets can't be included.
A pet is not a passenger
According to the Montreal Convention, airlines carry people and baggage (in addition to cargo) on international flights. A passenger is a person, so a pet is not a passenger. Therefore, when applying the rules, a pet is regarded as baggage. This means that compensation for the loss of a pet is subject to the same liability rules as those for lost baggage.
Compensation limit can be increased with a special declaration
If a passenger has not made a special declaration about the value of the baggage, then the standard compensation limit applies. This limit applies to both loss of property (material damage) and to grief or emotional distress (non-material damage). A passenger who feels the limit is too low can make a special request at check-in to increase it. This is only possible with the airline's permission, and sometimes an extra fee applies.
Animal welfare does not exclude the transport of pets as baggage
The fact that animal welfare is an important goal within the EU does not mean that animals cannot be transported as baggage. However, an airline must fully ensure that animals are properly and safely transported.
Without a special declaration, the maximum compensation applies
So, according to the Court of Justice, a pet can be seen as baggage. That means that, in this case, the maximum compensation for the destruction, loss, damage, or delay of baggage also applies. With a special declaration, a passenger can ask the airline to increase the compensation in case something goes wrong with the transport of baggage that is special and valuable, such as a pet. But the passenger had not done that. Therefore, under the Montreal Convention, the airline does not have to pay more than the maximum baggage fee.
Want to know more?
The full judgment C-218/24 can be found on the website of InfoCuria (case law of the Court of Justice) CURIA - Documents (europa.eu).