Top EU court: Lost dog equals lost bag for airline compensation

Luxembourg (dpa) – Pet owners whose animals go missing during air travel cannot claim more compensation than for lost luggage, the European Court of Justice ruled on Thursday.

Judges at the court in Luxembourg said a dog transported by air belongs in the same category as suitcases and bags.

The case arose from Spain, where a woman had tried to fly her dog from Buenos Aires to Barcelona on an Iberia plane in October 2019.

The animal, intended to travel in the cargo hold, escaped from its crate on the way to the plane and went missing.

The passenger sought 5,000 Euro in non-material damages from the airline before a Spanish court.

The airline accepted its liability but cited the Montreal Convention, which governs international air transport of passengers, luggage and cargo, and sets liability limits for checked baggage.

The Spanish court asked the EU court whether these liability limits also apply to pets.

The EU judges ruled that the term “passengers” refers to human travellers, meaning pets cannot be considered passengers. Compensation for the loss of a pet is therefore limited to the rules applicable to checked baggage.

The Montreal Convention sets the amount of compensation in a currency called Special Drawing Rights, and for lost luggage it is 1,519 Special Drawing Rights. This is currently equivalent to around 1,800 Euro. (16 October)