Cynthia Ezegwu
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 judgment by the European Court of Justice (ECJ) on Thursday arose from a dispute between Spanish airline Iberia and a passenger whose dog disappeared during a 2019 flight from Buenos Aires to Barcelona.
According to court documents, the dog — which was required to travel in the aircraft’s hold due to 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 acknowledged responsibility but maintained that compensation should be limited to the standard rate for lost checked baggage under the Montreal Convention.
The Spanish court handling the case referred the issue to the ECJ for clarification. In its ruling, the Luxembourg-based court sided with the airline, stating that while the common definition of “baggage” refers to objects, animals can also be classified as baggage for liability purposes.
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“An animal may be regarded as baggage upon the condition that full regard is paid to animal welfare requirements while they are transported,” the court said.
The court noted that the passenger did not make a “special declaration of interest” — an option available at check-in that allows travellers to insure higher-value items or request higher compensation for an additional fee.
Although the ECJ’s decision provides legal guidance, the final ruling on compensation will be determined by the Spanish court overseeing the case.