Pets In A Flight's Cargo Hold Can Be Classified As Baggage, Rules European Court Of Justice

In a significant ruling, the European Court of Justice (ECJ) has stated that pets travelling by air can legally be classified as baggage. This means airlines are not required to pay higher compensation if an animal is lost, unless passengers have made a special declaration before their flight, reported The Guardian.

A Missing Dog's Case From Buenos Aires To Barcelona

The ruling came after a dog named Mona was lost during a journey from Buenos Aires to Barcelona. The pet, checked into the flight in a special crate, escaped while being taken to the aircraft and was never found, as per reports. Despite widespread efforts on social media to locate the missing dog, Mona was never recovered.

Mona's owner, a passenger named Felicisima, filed a claim for 5,000 euros as compensation for emotional distress and non-material losses. The case, which lasted six years, reached the European Court Of Justice (ECJ) after the airline Iberia accepted responsibility for the loss but contested the claim amount, saying it exceeded the standard liability for lost baggage. 

Europe's Top Court's Decision On Pets In Air Travel

The ECJ ruled that under the Montreal Convention, pets fall within the definition of baggage in air travel. The court clarified that the convention distinguishes between passengers and baggage, and since pets are not considered passengers, the same liability rules apply as for checked luggage.

The court also noted that passengers can only claim higher compensation if they make a special declaration about the value or contents of the baggage when checking it in - which was not done in this case.

Pets To Be Considered Like Luggage For Liability Purposes

As a result, the passenger was awarded 1,578.82 euros in compensation, as per Spanish court reports. The judgment establishes a legal precedent across Europe, confirming that pets transported in the aircraft hold are treated like baggage for liability purposes unless otherwise declared.

Debate Over Animal Welfare

The passenger's lawyer, Carlos Villa Corta, expressed disappointment with the outcome, saying the decision overlooks the emotional bond between owners and their pets. "A great opportunity has been missed to continue raising awareness of animal rights," he said.

The ECJ, however, maintained that while the protection of animal welfare is an important EU objective, it does not change the legal classification of pets during air transport.

The Guardian notes that pet travel within Europe remains relatively uncommon compared to transatlantic routes, where smaller animals may be allowed in the cabin while larger ones are transported in the hold.