Luxembourg: 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 stated that a dog transported by air belongs in the same category as suitcases and bags.
According to Ghana News Agency, the case arose from Spain, where a woman attempted 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 ($5,825) in non-material damages from the airline before a Spanish court.
The airline acknowledged its liability but referenced the Montreal Convention, which governs international air transport of passengers, luggage, and cargo, and sets liability limits for checked baggage. The Spanish court sought clarification from the EU court on whether these liability limits also apply to pets.
The EU judges ruled that the term 'passengers' refers to human travelers, meaning pets cannot be considered passengers. Thus, compensation for the loss of a pet is 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, which is currently equivalent to around £1,800.
