For the European Court of Justice, Your Dog Is Worth No More Than Lost Luggage

A Dog Lost in Transit

The case dates back to October 2019, when Grisel Ortiz flew from Buenos Aires to Barcelona on an Iberia flight. Her dog, traveling in the cargo hold due to its size, managed to escape during transport and was never recovered.

Ortiz sought €5,000 in damages for the loss, arguing that the disappearance of her pet caused immense moral suffering. Iberia accepted liability—but only under the standard rules for lost baggage.

Court Says Pets Are “Objects” Under the Law

The Spanish court handling the claim referred the matter to the European Court of Justice (ECJ). The question: are animals excluded from the legal category of “baggage” under the Montreal Convention of 1999, which governs international air transport?

The ECJ’s answer was blunt: no. Pets traveling in cargo are legally considered baggage, not passengers. “An animal cannot be assimilated to a passenger,” the court stated. This means they fall under the same liability limits as lost or damaged luggage.

Unless owners file a special declaration of value at check-in, compensation is capped at about 1,200 euros, the current ceiling for lost baggage under international aviation law.

Emotional Value vs. Legal Value

The decision provoked dismay among animal rights advocates and Ortiz’s lawyer, Carlos Villacorta, who told AFP he was “relatively disappointed.” He warned that for people whose dog is their only companion, the loss could trigger devastating psychological consequences—yet such suffering would never be fully compensated under this framework.

The court did acknowledge the EU’s commitment to animal welfare but concluded that this principle does not override air transport liability rules. As long as welfare standards are respected during transport, pets remain “baggage” for legal purposes.

What It Means for Travelers with Pets

For pet owners, this ruling is a stark reminder: if you want airlines to be fully liable for your animal in case of loss, injury, or death, you must make a special declaration of value at check-in—and pay the extra fee.

Without it, the law treats your beloved companion no differently than a missing suitcase.