The European Union’s highest court has determined that a dog transported in an aircraft’s cargo hold is legally classified as baggage, meaning airlines are not obligated to provide higher compensation if the animal is lost.
The ruling stemmed from a disagreement between Spanish airline Iberia and a passenger whose dog disappeared during a flight from Buenos Aires to Barcelona in October 2019. The dog, required to travel in the hold due to its size and weight, escaped while being transported to the aircraft and was never located.
The passenger demanded €5,000 ($5,400) in damages, but Iberia acknowledged liability while contending that compensation should be restricted to the lower amount applicable to checked baggage under the Montreal Convention, which regulates airline liability for lost or damaged items.
Unsure of how to interpret the law, a Spanish court referred the matter to the European Union Court of Justice (CJEU), which ruled in favor of the airline.
In its decision, the Luxembourg-based court declared that although the term “baggage” typically refers to objects, pets may be included under that definition for liability purposes.
“Even though the ordinary meaning of the word ‘baggage’ refers to objects, this alone does not lead to the conclusion that pets fall outside that concept,” the court stated.
It further clarified that an animal can be considered baggage “provided that full regard is paid to animal welfare requirements while they are transported.”
The court also pointed out that the passenger had not made a special declaration of interest during check-in, an option that permits travelers to pay an extra fee for increased compensation in case of loss or damage.
The ruling provides legal guidance and leaves the final decision on compensation to the Spanish court overseeing the case.
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