EU Court Rules: Travelling Pets Legally Considered “Baggage” on Flights

In a landmark decision issued on 16 October 2025, the European Court of Justice (ECJ) declared that pets transported by air can legally be classified as baggage, restricting compensation claims to standard levels unless special declarations are made. The ruling has far-reaching implications for pet owners and airlines alike.

ECJ: Pets Baggage Under International Air Law

The European Court of Justice has ruled that in air transport, pets cannot be treated as passengers but fall under the legal concept of “baggage,” meaning liability for lost or damaged pets is governed by the rules for checked luggage.

The Case: Mona the Dog and Iberia

The dispute involved Iberia and a passenger who lost her dog, Mona, during transport from Buenos Aires to Barcelona. The dog, transported in a crate in the hold, escaped before boarding and was never recovered. The owner sought €5,000 for emotional distress. Iberia accepted responsibility for the loss but disputed the higher compensation claim, arguing that limits set under the Montreal Convention for checked baggage applied.

Legal Basis: Montreal Convention Interpretation

In its judgment, the ECJ held that under the Montreal Convention — the treaty governing international air transport — the legal categories are limited to persons and baggage. Because pets are not persons under that treaty, they must be treated as baggage unless a special declaration of interest in delivery (or similar advance declaration) is filed before travel.

Practical Consequences: Compensation Limits

As a result, claims for loss — including non-material damages such as emotional distress — are generally limited to the same liability rules that apply to luggage. In the reported case, because no special declaration had been made, compensation was capped at the standard baggage limit (approximately €1,578.82 in Spain under current conversion rules).

Animal Welfare vs. Treaty Law

The court acknowledged that animal welfare is a recognized general interest in EU law, but found that this policy concern does not, by itself, change the legal classification of pets for liability purposes under the Montreal Convention.

Reaction and Criticism

Animal-welfare advocates criticized the decision, arguing it effectively devalues pets and reduces airlines’ accountability for animals transported on board. Commentators note the ruling missed an opportunity to elevate animals’ legal status in transport law.

What Pet Owners Should Do Before Flying

Following the ruling, experts recommend that pet owners take specific steps to protect themselves:

• Research airline pet policies carefully and compare terms.
• Make any available special declaration of interest or declare a higher value for the animal if the carrier permits and if you wish to seek higher liability coverage.
• Purchase supplementary travel insurance that specifically covers pet loss or injury during transport.
• Use secure crates, verify handling procedures, and confirm handover/receipt steps at each transfer point.

Bottom Line

The ECJ decision clarifies that, under current international air law, pets carried in the hold are treated legally like baggage for liability purposes unless the owner takes extra contractual or insurance steps. For many owners, that means the emotional value of a lost pet will not, by default, translate into higher legal compensation — making planning and insurance essential.

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