The issue of air carrier liability for the loss of a pet, such as a dog, is highly controversial. The latest ruling of the Court of Justice of the European Union (CJEU) of October 16, 2025 (Case C-218/24, Iberia Líneas Aéreas de España) clearly resolves this matter, categorizing transported animals as "baggage" rather than "passenger." This is fundamental to determining the upper limit of compensation for owners.
Losing a dog at the airport
The case before the Court concerned passenger F. traveling on a flight from Buenos Aires to Barcelona operated by Iberia. Due to its size, the dog was to travel in the hold. The passenger registered the carrier with the animal but did not submit a specific declaration of interest in its delivery to its destination, as required by Article 22(2) of the Montreal Convention. Unfortunately, the dog escaped from the carrier near the aircraft and was not recovered by the carrier.
The owner claimed €5,000 in compensation for her personal injury. Iberia accepted liability, but only within the limits set by the Montreal Convention on baggage. The Spanish court's question was whether pets could be excluded from the concept of "baggage" under the Convention.
Court of Justice's position: A dog is "luggage"
The Court of Justice, when interpreting the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention, hereinafter referred to as PrzewLotK), adopted a uniform and autonomous position:
Animals are "Luggage": The ECJ found that the concept of "luggage" within the meaning of Article 17(2) of the PrzewLotK Act should be interpreted broadly. Although the term normally refers to objects, the Court stated that this does not exclude pets from the scope of the concept.
Exclusion from "Passenger" status
The Convention specifically mentions the carriage of passengers, baggage, and cargo in Article 1. Therefore, a pet does not fall within the scope of the term "passenger," and therefore the liability regime for persons does not apply to it (Article 17, paragraph 1, and Article 21 of the PrzewLotK).
Although the European Union recognises the protection of animal welfare (Article 13 TFEU) as an objective of general interest, the ECJ found that this provision does not prohibit the transport of animals as "luggage" under the liability regime, provided that their welfare requirements are fully taken into account.
Limitation of liability and amount of compensation
The key consequence of recognizing an animal as “luggage” is the application of the limitation of the air carrier’s liability, as specified in Article 22, paragraph 2 of PrzewLotK.
From 28 December 2019, the upper limit for compensation in the event of destruction, loss, damage or delay of baggage is 1,288 Special Drawing Rights (SDRs) per passenger (previously, in the period 2009-2019, it was 1,131 SDRs). This limit is absolute and covers both physical and material damage resulting from the loss of an animal.
It's important to emphasize that the limit is not a lump sum that every passenger is entitled to by operation of law. Compensation is limited to this upper limit, but does not have to reach it.
A higher amount of compensation may be agreed, but only if the passenger has made a special declaration of interest in delivery to the destination at the time of handing over the baggage to the carrier and, if required, has paid an additional fee.
In summary, the ECJ's ruling is groundbreaking, establishing legally that a dog traveling by plane is considered baggage. This means that owners who have not submitted a special declaration of interest can expect compensation limited to the upper limit for checked baggage provided for in the Montreal Convention. This ruling will be fully implemented by Polish courts and authorities.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of December 3, 2025.
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