Overview

• Europe’s top court held that companion animals transported with passengers fall within the treaty category of baggage for liability purposes.
• Absent a special declaration of interest at check-in, the airline’s liability limit for lost baggage applies to both material and moral damages.
• The court noted passengers may raise the limit by declaring value and paying any agreed additional amount accepted by the carrier.
• The ruling stems from a 2019 Iberia flight from Buenos Aires to Barcelona in which a dog escaped during transfer and was never recovered.
• The decision is a preliminary interpretation that guides the referring court, which must now decide the compensation claim in Spain.