How much does compensation for a lost dog at the airport “cost”? The answer given by European justice
An Iberia Airbus A320 at Adolfo Suarez Madrid-Barajas Airport in Madrid, Spain on August 20, 2025. Illustrative image. PHOTO: Paulo Lopes / Zuma Press / Profimedia
A pet must be considered ordinary baggage in the event of loss during air travel and does not entitle to higher compensation from the airline, the Court of Justice of the European Union (CJEU) ruled in an opinion published on Thursday, according to AFP.
“The fact that the protection of animal welfare is an objective of general interest recognized by the EU does not prevent the transport of animals as “luggage” and their consideration as such”, reasoned the legal institution based in Luxembourg.
This decision supports the Spanish airline Iberia, which was the subject of a complaint from a passenger whose dog was lost during boarding and who requested compensation of 5,000 euros for moral damages, writes Agerpres.
The animal, which was to travel in the baggage compartment, escaped from the cage in which it was being transported to the plane and was never found.
During check-in, the passenger did not make a special declaration regarding her dog, an option available when checking in an often expensive item.
Iberia, for its part, stated that it recognizes its liability and is willing to pay compensation to the plaintiff, but limited to the amount provided for the baggage.
“Checked Baggage” vs. “passenger”
Asked by the Spanish court hearing the case, the European Court stated in this opinion that, on an airplane, the concept of “checked baggage” applies to both transported pets and tangible objects, specifying that the term “passenger” refers exclusively to humans, which means that pets cannot be considered passengers.
Accordingly, any compensation must be limited to the compensation provided for the loss of a suitcase during a flight, it stated.
Passengers' rights are protected by the Montreal Convention of 1999, which stipulates that the carrier's liability in the event of destruction, loss, damage or delay is limited to approximately €1,200.
However, the opinion of the Court of Justice of the EU has only advisory value and does not resolve the dispute, which falls under the jurisdiction of the Spanish court in charge of the case.
