LUXEMBOURG — A ruling from the Court of Justice of the European Union has clarified that, for liability purposes, household animals transported by air must be treated the same as checked suitcases. The judgment, handed down in Luxembourg, could translate into very different compensation options for travelers across Europe who fly with cats, dogs or other companion animals.
Pets Are “Baggage,” Court Says
“Even though the ordinary meaning of the word ‘baggage’ refers to objects, this alone does not lead to the conclusion that pets fall outside that concept,” the court wrote in its judgment. By equating a live animal with baggage, the court aligned the European interpretation with international air-transport conventions that already cap airline liability for lost or damaged luggage. The decision also dealt with a common question among travelers: if a pet is not a passenger, what is it? A second line in the ruling answers that squarely—“A pet cannot be considered to be a ‘passenger,’” the court added in the same ruling—closing the door on hopes that carrier liability limits for injured passengers might one day extend to four-legged companions.
Background: A Dog Lost Between Flights
The verdict stems from a 22 October 2019 itinerary between Argentina and Spain. According to court documents, a passenger’s dog escaped handlers while being transferred to the aircraft and was never recovered. The owner later sought EUR 5,000 in damages for the emotional distress of losing the animal. The airline resisted, arguing that the Montreal Convention—in force across the European Union—sets a ceiling on compensation for lost or damaged baggage. The top EU court agreed, emphasizing that both material and non-material harm fall beneath the same monetary limit unless a traveler files a “special declaration of interest” before departure and pays any resulting surcharge approved by the carrier.
What the Decision Means for Travelers With Pets
For most vacationers and expatriates who ship pets in the aircraft hold, the takeaway is clear: airlines will treat a dog or cat precisely the way they treat a suitcase. This means:
- The default liability cap applies to emotional pain, veterinary costs, or the market value of the animal.
- Travelers who fear the standard ceiling is too low can raise it only by making a special declaration—essentially pre-purchasing extra coverage from the airline.
- Filing that declaration usually requires advance notice and an additional fee, and the carrier must sign off before check-in.
Tips for Travelers: Minimizing Risk When Flying With Animals
- Confirm carrier policies early. Not every airline allows every breed, and hold-temperature restrictions often vary by season.
- Request the special declaration in writing. Ask how much extra liability coverage you can buy and whether any exemptions apply.
- Invest in third-party pet insurance. Because airline liability stops at the baggage ceiling, supplemental coverage can bridge the gap.
- Label the kennel clearly. Attach contact details, a photo of your pet and feeding instructions to speed up any airport search teams.
- Arrive early on departure day. Extra time allows you to watch ground crews load the crate and to verify the aircraft’s cargo-hold temperature.
Frequently Asked Questions
Does the ruling apply outside the European Union?
The judgment binds courts in EU member states. However, many non-EU nations also follow the Montreal Convention, which means the liability principles will look familiar even on routes that start or end outside the bloc.
What is the current liability cap?
The decision references the standard baggage limit set by the Montreal Convention, though the exact figure was not restated in the judgment. Consult your airline or a travel-insurance provider for the latest ceiling.
Can I bring my pet into the cabin to avoid these rules?
Small animals that fit beneath the seat usually travel under slightly different conditions, but once an airline accepts a pet for carriage—whether in the cabin or the hold—the Montreal Convention still frames liability. Check individual carrier policies regarding size, weight and crate type.
What qualifies as a “special declaration of interest”?
The declaration is a written statement delivered to the airline before departure that specifies a higher value for the animal. The airline must consent and may charge a supplementary sum.
If my pet is lost, how do I file a claim?
Submit a Property Irregularity Report at the airport, retain boarding passes and kennel receipts, and send written notice to the airline within the convention’s filing deadlines. Keep all veterinary and adoption papers; emotional-distress claims may require additional documentation.
Why the Judgment Matters Now
Pandemic-era pet ownership surged, and so did the number of travelers arranging cross-border moves with animals. At the same time, many airlines tightened restrictions on live-animal transport amid staffing shortages and warmer weather patterns. The Luxembourg decision provides legal clarity just as Europe heads into a crowded summer travel season. For globetrotters who assumed their French bulldog or rescue cat enjoyed the same legal status as a human companion, the ruling serves as a sobering reminder: on the liability ledger, Fido is a checked item. — as the court wrote in its judgment.
