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EU Court Rules Pets in Aircraft Holds Are Baggage Under Montreal Convention

The judgment confines compensation for lost animals to treaty caps absent a prior special declaration to raise liability.

Overview

  • Thursday’s ruling stems from a 2019 case in which a dog named Mona escaped before a Buenos AiresBarcelona flight and was never recovered, prompting a compensation claim against Iberia.
  • The court said pets fall within the concept of baggage even though the term ordinarily refers to objects, and it added that EU recognition of animal welfare does not change the treaty’s liability rules.
  • Because no special declaration was made at check-in, compensation is limited to the standard cap; the Spanish court set €1,578.82 rather than the €5,000 sought.
  • The decision confirms that the Montreal Convention’s baggage liability regime governs such losses and will guide national courts applying that framework.
  • For travelers, higher payouts will generally require filing a special declaration with the carrier before departure or obtaining additional insurance.