Particle.news

Download on the App Store

EU Court Says Lost Pets on Flights Fall Under Baggage Rules That Cap Compensation

The advisory ruling limits payouts to Montreal Convention baggage caps, with the Spanish court to decide the case.

Overview

  • The Court of Justice of the European Union said companion animals transported by air can be treated as checked baggage under the Montreal Convention.
  • Compensation for a lost pet is generally capped at 1,000 Special Drawing Rights, about €1,200, unless a higher value was declared at check-in.
  • The interpretation covers both material and moral damage, confirming that higher awards are not available absent a special declaration of interest.
  • The case stems from a 2019 Iberia flight between Buenos Aires and Barcelona in which passenger Grisel Ortiz’s dog was lost; she seeks €5,000 for moral harm.
  • Iberia accepts responsibility within the baggage regime, and Ortiz’s lawyer expressed disappointment as the Spanish court now applies the EU court’s guidance.