In a ruling with significant implications for pet owners and the airline industry, the Court of Justice of the European Union (CJEU) determined that a live animal cannot be legally classified as "baggage" under the Montreal Convention, which governs international air carrier liability. The judgment, in Case C-218/24, opens the door for passengers to claim compensation for non-material damages, such as emotional distress, when a pet is lost or harmed during air travel, which is a type of compensation not typically available for lost luggage. The case was referred to the CJEU by a commercial court in Madrid, Spain, following a lawsuit brought by a passenger against the airline Iberia after her pet was lost during an international flight.
In its judgment, the Seventh Chamber reasoned that the Montreal Convention's primary purpose is to protect consumers and ensure "equitable compensation based on the principle of restitution." The court found that classifying a living pet, with which a passenger has a clear emotional bond, as a mere inanimate object like a suitcase would fail to achieve this purpose. By concluding that a pet is not "baggage," the court effectively removed the case from the strict liability limits of Article 22(2) of the convention. This allows national courts within the EU to consider claims for non-material damages based on their domestic laws. The decision is a significant development in animal law within the EU, legally acknowledging the unique status of pets as more than mere property in the context of international travel.
Source: InfoCuria