European Court of Justice rules pets on flights should be covered by lost baggage rules

Koen Lenaerts President of European Court of Justice

The European Court of Justice has ruled that pets on flights are classified as baggage, with lost baggage rules applying if they go missing.

The ruling followed a 2019 incident where a dog escaped while being transported to a plane for a Buenos Aires to Barcelona flight operated by Iberia.

The passenger claimed €5,000 for non-material damages but was limited to €1,600, the standard compensation for lost baggage, due to no special declaration being made.

The ECJ clarified that pets are not considered passengers under the Montreal Convention and fall within the baggage category.

Passengers can increase compensation limits by making a special declaration of interest before the flight, which was not done in this case.

The ECJ ruled: “For the purposes of air travel, a pet falls within the concept of ‘baggage’ and the compensation for the damage resulting from the loss of a pet is subject to the liability rules for baggage.”