European Court of Justice rules: Dogs on planes are legally considered luggage
The European Court of Justice has ruled that a pet transported by an airline is legally classified as luggage. The case arose from the experience of a Spanish woman who lost her dog at Buenos Aires Airport while travelling to Barcelona in October 2019.
The dog was too big to travel in the cabin, so it was loaded into the aircraft’s hold. However, it escaped and was never seen again. The owner sought 5,000 euros in compensation from Iberia for emotional distress.
The airline accepted liability. However, it argued that the compensation should be limited to the amount set for lost baggage under the Montreal Convention, which is 1,600 euros. The owner had not declared any special value for the animal.
There are only two categories: passengers and baggage
The Spanish court referred the issue to the EU’s top court, which confirmed that, under aviation law, there are only two categories: passengers and baggage. Animals therefore fall under the latter category, unless a passenger makes a special declaration and pays an additional fee. This would entitle them to higher compensation in the event of loss. The Court emphasised that this classification does not affect the duty of airlines to ensure the welfare of animals during transport.
Usually, small, light dogs are allowed to travel in the cabin, while larger dogs have to travel in the aircraft’s hold. However, rules still vary by country and airline. Common requirements include an EU pet passport, a microchip and a valid rabies vaccination. Certain breeds, such as fighting dogs and brachycephalic breeds like bulldogs and pugs, are banned from many flights.
© Sven Hoppe/dpa
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