One recent decision of the Court of Justice of the European Union (CJEU) came to clarify an unusual but emotionally delicate case: after all, should a pet that travels in the hold of an airplane be considered a passenger or baggage?
The case originated from a lawsuit filed by a Spanish citizen against the airline Iberia, after her dog disappeared at Buenos Aires airport. According to the court, “the dog escaped while being transported to the plane and it was not possible to recover it.”
The passenger demanded compensation of 5,000 euros for moral damages. Iberia acknowledged its responsibility, but argued that compensation should follow the limits established for lost luggage, as provided for in the Montreal Convention — the international agreement that regulates air transport.
In the face of doubt, the Spanish court asked the CJEU for an opinion on the legal meaning of “baggage” in this context. The answer was clear: according to the court, pets traveling in the hold are not considered passengers, but rather baggage.
“The concept of ‘person’ corresponds to that of ‘passenger’. An animal cannot be considered a passenger”, clarified the CJEU. “Thus, for the purposes of air transport, a pet is included in the concept of ‘baggage’, with the corresponding liability rules applying.”
The court also highlighted that the passenger did not present a “special declaration of interest in delivery” — a formality that requires the payment of an additional fee, but which allows the limit of liability to be increased in the event of loss or damage.
Despite the decision, the CJEU highlighted that European animal protection rules remain valid: airlines must guarantee the welfare of animals during transport, even if, legally, they are classified as baggage.
This decision could have implications for future similar cases and once again raises the discussion about the rights and safety of pets traveling by plane.