Friday, October 17, 2025 - The European Union’s top court has ruled that a dog transported in an aircraft’s cargo hold is legally considered baggage, meaning airlines are not required to pay higher compensation if the animal is lost.
The decision arose from a dispute between Spanish airline
Iberia and a passenger whose dog went missing during a flight from Buenos Aires
to Barcelona in October 2019. The dog, which had to travel in the hold because
of its size and weight, escaped while being taken to the plane and was never
found.
The passenger sought €5,000 ($5,400) in damages, while
Iberia accepted responsibility but argued that compensation should be limited
to the lower amount applicable to checked baggage under the Montreal
Convention, which governs airline liability for lost or damaged items.
Uncertain about how to interpret the law, a Spanish court
referred the case to the European Union Court of Justice (CJEU), which sided
with the airline
In its judgment, the Luxembourg-based court stated that
although the word “baggage” generally refers to objects, pets may fall under
that definition for the purposes of liability.
“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 said.
It added that an animal can be classified as baggage
“provided that full regard is paid to animal welfare requirements while they
are transported.”
The court also noted that the passenger had not made a
special declaration of interest during check-in, an option that allows
travelers to pay an additional fee for higher compensation in the event of loss
or damage.
The ruling serves as legal guidance and leaves the final
decision on compensation to the Spanish court handling the case.
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