The European Union Court of Justice has ruled that pets can be classified as “baggage” under air transport law and therefore fall under the same compensation rules as lost luggage. The decision stems from a 2019 incident in which a dog escaped from its carrier at Buenos Aires Airport and was never found.

The pet belonged to a passenger on an Iberia flight from Buenos Aires to Barcelona, who later demanded €5,000 in compensation. The airline, however, offered only the amount allowed under the Montreal Convention of 1999, which limits liability for lost checked baggage.

Spain’s national court referred the case to the EU Court of Justice, asking whether animals are excluded from the definition of “baggage” under the Convention. The Court ruled that they are not, stating: “Although the ordinary meaning of the term ‘baggage’ refers to inanimate objects, this does not in itself exclude domestic animals from that concept.”

As a result, compensation for the loss of a pet during air transport must follow the same legal framework as for luggage, with limits established under international aviation law. The Court also emphasized that airlines must adhere strictly to animal welfare and safety standards when transporting pets.