The high court concluded that the 1999 Montreal Convention, which governs airline liability for baggage, applies to all items transported in the hold, including pets. While EU and Spanish laws recognize animals as sentient beings, the Luxembourg-based court emphasized that the Montreal Convention’s framework is focused on material compensation for lost or damaged items.
Airlines are therefore not obligated to pay amounts exceeding the compensation caps set under the Montreal Convention unless passengers declare a “special interest” in the item, a mechanism designed for inanimate belongings.
“The court finds that pets are not excluded from the concept of ‘baggage’. 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 said in a statement.
Thursday’s ruling reaffirms the current framework, limiting airlines’ liability for lost pets unless passengers make a special declaration to raise coverage. For airlines operating in Europe, it offers legal certainty and shields them from larger claims.
The court’s judgment will guide national courts in balancing international air transport law with EU animal welfare standards.