European Court rules pets are legally considered “baggage” in air transport

The Court of Justice of the European Union (CJEU) has ruled that pets travelling by air are not excluded from the legal concept of “baggage” — a clarification that directly impacts compensation claims when animals are lost during transport.

The judgment, delivered on 16 October 2025 in Case C-218/24 – Iberia Líneas Aéreas de España (Concept of ‘baggage’), stems from an incident in 2019, when a passenger flying from Buenos Aires to Barcelona with Iberia saw her dog escape while being carried to the aircraft. The pet could not be recovered.

The passenger sought €5,000 in compensation for the emotional distress caused by the loss of her dog. Iberia accepted responsibility but argued that its liability should be limited to the amount (approximately €1,500) prescribed under the Montreal Convention for checked baggage — unless a passenger makes a special declaration of interest before departure.

Pets fall within the definition of “baggage”

The Spanish court handling the case asked the CJEU whether the term “baggage” under the Montreal Convention excludes pets. The Luxembourg court answered no: even though the ordinary meaning of “baggage” refers to objects, the Convention’s framework distinguishes only between passengers and baggage, not between objects and animals.

Therefore, for the purposes of international air transport liability, a pet cannot be considered a passenger — and thus legally falls under the concept of baggage.

Compensation limits also apply to pets

Under the Montreal Convention, airline liability for lost baggage — which now includes pets — is limited to around €1,500, unless the passenger has declared a higher value and paid a surcharge. Importantly, the Court confirmed that this limit applies to both material and non-material damage (such as emotional distress).

Animal welfare still protected

The Court was careful to note that this legal interpretation does not undermine animal welfare. Airlines must still fully respect EU and national regulations ensuring humane conditions during transport. The ruling only concerns the applicable liability and compensation regime.

Legal and industry implications

This judgment brings much-needed legal clarity for airlines and passengers alike. Airlines now have a defined liability framework when pets are lost or mishandled, while passengers are reminded to declare their pet’s value if they wish to exceed the standard compensation limits.

The ruling in Case C-218/24 is available in full on the Curia website.