“Pets are not excluded from the concept of ‘baggage.’”
The Court of Justice of the European Union (ECJ) ruled last week that pets can be classified as baggage on flights. Europe’s highest court made this judgment in reference to a 2019 incident when a passenger lost her dog while traveling and demanded €5,000 ($5,800) in compensation. With this ruling, airlines are not required to compensate passengers with amounts higher than those set by the Montreal Convention for lost baggage.
On Oct. 22, 2019, a passenger identified as Felicísima was traveling from Buenos Aires to Barcelona with her 6-year-old dog, Mona. Due to her size, Mona was placed in a special crate and was to be transported in cargo. However, Mona escaped while being taken to the plane and was never found. Her owner claimed compensation of €5,000 for the “non-material damage suffered following the loss of her dog.” The flag carrier of Spain, Iberia Airlines, accepted its liability but refused to pay more than the set limit for checked baggage.
A court in Spain examining the claim referred to Europe’s top court to clarify whether pets can be considered baggage. The ECJ said in its written ruling, “pets are not excluded from the concept of ‘baggage.’”
The Luxembourg-based court explained that under the Montreal Convention, airlines transport persons and baggage. “The concept of ‘persons’ corresponds to that of ‘passengers,’ with the result that a pet cannot be considered to be a ‘passenger.’ Consequently, for the purposes of air travel, a pet falls within the concept of ‘baggage’ and the compensation for the damage resulting from the loss of a pet is subject to the liability rules for baggage.”
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According to the Montreal Convention, the maximum liability for an airline for lost baggage is 1,519 Special Drawing Rights (approximately $2,175). The original case entitled Felicísima to compensation of €1,578.82 ($1,833) for the loss of her dog since she did not make a special declaration.
Related: I Broke the Rules to Save My Dog From Dying on a Flight
The ECJ also stated, “The Court notes that, in the absence of any special declaration of interest in delivery at destination, the limit on an air carrier’s liability for the loss of baggage includes non-material damage as well as material damage.” Without a declaration, an airline is not required to provide higher compensation.
However, her lawyer, Carlos Villacorta Salis, said that the argument was false since no airline would allow a passenger to make such a declaration for a pet. He added, “I believe that a great opportunity has been missed to continue raising awareness of the rights of animals and the people who care for them. Ultimately, the ECJ considers that pets do not deserve special or enhanced legal protection compared to a simple suitcase.”
Similar incidents have occurred in the past. In 2023, a Delta passenger was flying with her 6-year-old chihuahua, Maia, from the Dominican Republic to California when she was denied entry in Atlanta during her layover. She was deported the following day, but during her overnight detention, she was separated from Maia, and although told they would be reunited, Maia never made it onto her flight. Three weeks later, Maia was found safe near the cargo facilities at the airport and made it back home.
Travel With Pets
In the United States, the rules for traveling with pets have changed in recent years. In 2020, the Department of Transportation ruled that emotional support animals would be treated as pets and would not be considered service animals. This change aimed to reduce the number of passengers bringing pigs, birds, and miniature horses onboard.
Related: Airlines Rules for Emotional Support Animals Have Dramatically Changed
Airlines have also set limits for pets. Travelers can bring their pets, but depending on size and weight, pets may not be allowed in the cabin. It is important to confirm what is allowed before booking tickets. Book your spot in advance and review the pet regulations for international destinations, as they may differ from U.S. rules.
The Centers for Disease Control and Prevention has guidelines for bringing pets into the United States. If you are bringing your dog from a low-rabies-risk country, you need a CDC Dog Import Form. In addition, your dog should be microchipped, healthy, and at least six months old at the time of return. If you are returning from a high-rabies-risk country, you will also need the Certification of U.S.-issued Rabies Vaccination form along with the CDC Dog Import Form. The rabies vaccination form must be filled out by a veterinarian before you depart.
