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EU Court Rules Pets on Flights May Be Treated as Checked Baggage

The preliminary ruling limits airline liability for lost animals unless passengers declare a higher value at check-in.

Overview

  • The European Court of Justice issued its interpretation on October 16, stating that companion animals fall within the Montreal Convention’s concept of baggage when transported with passengers.
  • The case stems from a 2019 Iberia flight from Buenos Aires to Barcelona in which a dog named Mona escaped during transfer to the hold and was never recovered.
  • Iberia acknowledges responsibility for the loss but argues compensation should be capped at the amount set for checked baggage.
  • The court said the EU’s recognition of animal welfare does not change how liability is classified under the air-transport treaty.
  • The Spanish court handling the lawsuit will now apply the EU court’s guidance to decide the owner’s claim, and passengers can raise liability limits only by making a paid special declaration of value.