ECJ rules dog in aircraft hold is baggage and compensation capped

The European Court of Justice ruled Thursday that a dog transported in an aircraft hold is to be treated as baggage for liability purposes, meaning airlines are not required to pay compensation above the limits set by the Montreal Convention if the animal is lost. The judgment stems from a 2019 incident in which a passenger traveling from Buenos Aires to Barcelona with Spanish carrier Iberia lost her dog, Mona, after the animal escaped from its carrier while being taken to the aircraft and could not be recovered.

The passenger sought 5,000 euros in compensation for nonmaterial and material loss. Iberia acknowledged responsibility for the incident but argued that liability should be capped at the lower statutory limit applicable to checked baggage under the Montreal Convention. The ECJ agreed with that interpretation, concluding that the convention’s references to persons and baggage mean a pet transported in the hold falls within the concept of baggage rather than as a passenger.

The court emphasized that this classification does not remove obligations to respect animal welfare requirements during transport. It also noted that higher compensation can be sought only when a...