In October 2019, a passenger flying with Iberia from Buenos Aires to Barcelona was travelling with her dog. Due to the animal’s weight, it had to be transported in the aircraft hold, inside a carrier. However, during ground handling before boarding, the dog escaped and could not be found. The passenger claimed compensation of €5,000 for moral damages, arguing that the loss of her pet was not the loss of property but a personal tragedy. The airline acknowledged its responsibility but insisted on applying the standard compensation limit provided for lost baggage.
The Spanish court hearing the case referred a preliminary question to the Court of Justice of the European Union (CJEU) to clarify whether animals are excluded from the concept of “baggage” under the Montreal Convention. Six years after the incident, in October 2025, the CJEU delivered its judgment in Case C-218/24 Iberia Líneas Aéreas de España and ruled that pets are not excluded from that category.
The Court stated that the Convention distinguishes only between passengers, baggage, and cargo. Since an animal is not a passenger, it falls under the definition of baggage and is therefore subject to the same liability regime. Accordingly, compensation for the loss of an animal is governed by the same rules as for lost baggage. If the passenger has not made a special declaration of interest in delivery, the carrier’s liability is limited to the established threshold, covering both material and moral damage. To set a higher limit, the passenger must make such a declaration in advance and, if required, pay an additional fee.
The Court emphasized that recognising an animal as “baggage” does not relieve airlines of their duty to ensure its welfare. The legal classification does not cancel ethical responsibilities: an animal may be considered baggage only within the context of liability, but its wellbeing must be fully safeguarded during transport.
This decision establishes a judicial precedent for all European Union air carriers. From now on, in cases of loss or death of an animal during air transport, compensation will be calculated under the same rules as for baggage unless a special declaration has been made. For pet owners, this means being more attentive when arranging air travel and asking airlines in advance about the possibility of declaring the value of their pet.
The ruling of the Court of Justice highlights the gap between legal categories and the emotional perception of animals. Legally, they are “baggage,” but for people, they are living beings — family members. European law is gradually acknowledging this difference, but the path toward recognising animals as subjects rather than objects of law still lies ahead.
Source: Court of Justice of the European Union, Case C-218/24 Iberia Líneas Aéreas de España, October 2025, curia.europa.eu