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Top EU Court Classifies Pets in Aircraft Holds as Baggage Under the Montreal Convention

The decision caps payouts for lost animals without a prior special-value declaration.

Overview

  • The European Court of Justice held that the Montreal Convention’s baggage regime applies to animals transported in the hold.
  • The test case involved Mona, a dog that escaped its crate at Buenos Aires in 2019 before an Iberia flight to Barcelona and was never found.
  • Without a pre-flight special declaration raising liability, compensation is limited to the baggage cap, with reporting indicating an entitlement of €1,578.82 in this case.
  • Judges said EU animal-welfare goals do not alter the liability framework, provided transport rules protecting welfare are respected.
  • The ruling guides the Spanish court on the pending award and offers airlines operating in Europe greater legal certainty on exposure.