European Court of Justice has ruled that pets traveling on flights can be considered as baggage, impacting the compensation airlines are obligated to pay if the pet is lost. The ruling came after a dog named Mona went missing during a trip from Buenos Aires to Barcelona. Mona, who was placed in a special pet crate, escaped en route to the plane and was never found, leading to a claim of €5,000 for “non-material damage” by the owner.
Iberia, the airline involved, accepted responsibility for the pet’s loss but contested the claim amount. The case was escalated to the ECJ by a Spanish court to determine whether pets traveling with passengers should be classified as baggage under the Montreal Convention governing air travel.
The ECJ clarified that pets are categorized as baggage for air travel purposes, subjecting compensation for pet loss to baggage liability rules. The court highlighted that the passenger did not declare a special interest in delivery, a crucial step that would have allowed them to increase the liability limit for the pet.
Despite efforts, including a social media campaign, Mona was never recovered. The dog owner’s lawyer expressed disappointment with the ruling, stating that it missed an opportunity to advocate for animal rights. The initial court decision in Spain awarded the pet owner €1,578.82 due to the absence of a special declaration about the pet before the flight.
The ECJ emphasized that while animal welfare is a priority, pets can still be transported as “baggage” and fall under liability regulations in case of loss. This ruling has sparked discussions about the legal status and rights of animals in travel scenarios.
