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EU Court Says Pets Lost in Air Travel Count as Baggage, Capping Payouts

A Spanish court now applies the guidance to a passenger’s €5,000 claim over a dog lost on an Iberia flight.

Overview

  • The Court of Justice of the EU said companion animals transported by air fall under the Montreal Convention’s checked-baggage regime for loss.
  • The decision confines compensation to 1,000 Special Drawing Rights—about €1,200—unless a higher value was declared at check-in.
  • Iberia stated it would compensate within baggage limits after the passenger sought €5,000 for moral damages over the lost dog on a Buenos AiresBarcelona flight.
  • The court stressed that EU animal-welfare objectives do not preclude treating pets as baggage for liability purposes provided welfare requirements are respected.
  • The opinion is advisory across the EU, and the Spanish tribunal retains responsibility for ruling on the specific claim, as critics urge updated recognition of non-material harm.