European Court Rules on Liability for Lost Pets During Air Travel
The European Court of Justice has ruled that the 1999 Montreal Convention, which establishes airline liability for baggage, applies to all items transported in the hold, including pets, reports 24brussels.
In its decision, the court emphasized that while both EU and Spanish legislation recognize animals as sentient beings, the Montreal Convention primarily addresses material compensation for lost or damaged items. As a result, airlines are only required to pay compensation within the limits set by the convention unless passengers declare a “special interest” in their pets, a provision originally aimed at inanimate property.
“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 affirmed in a statement.
This ruling, delivered on Thursday, reinforces the existing legal framework and limits airlines’ liabilities for lost pets unless passengers proactively declare a special interest to increase their coverage. Consequently, it offers clarity and protection for airlines operating within Europe against potentially larger claims.
The judgment is expected to influence national courts tasked with aligning international air transport law with EU standards on animal welfare, ensuring a consistent application of regulations across member states.