The European Union’s top court has ruled that a dog travelling in an aircraft’s cargo hold is considered baggage, meaning airlines are not required to offer higher compensation if the animal is lost.
The case arose from a dispute between Spanish airline Iberia and a passenger whose dog disappeared during a flight from Buenos Aires to Barcelona in October 2019.
The dog, placed in the plane’s hold due to its size and weight, escaped while being transported to the aircraft and was never recovered.
The passenger demanded €5,000 ($5,400) in damages. While Iberia acknowledged responsibility, it argued that compensation should be limited to the standard amount for lost checked baggage under the Montreal Convention, which governs airline liability.
The Spanish court overseeing the case referred the matter to the European Union Court of Justice, which sided with Iberia.
“Although the ordinary meaning of ‘baggage’ refers to objects, this does not exclude pets from that definition,” the Luxembourg-based court stated.
The court added that animals can be treated as “baggage” for liability purposes, provided their welfare requirements are fully respected during transport.
The passenger had not made a “special declaration of interest” at check-in — an option that allows travellers to request higher compensation for an additional fee and with airline approval.
The judgment serves as guidance, with the final decision resting with the Spanish court handling the compensation claim.
