A pet travelling on an airplane falls under the definition of ‘baggage’. The European Court of Justice has declared this. The declaration arose from a dispute between a Spanish airline and a passenger whose dog was lost during transportation.
Whether animal welfare organizations will be happy with this legal ruling is another question. They consider pets to be not just objects or possessions, but living beings with feelings, stress, and anxiety, and have long been advocating for a new category in law.
Discussion about the amount of moral damages
In October 2019, an Argentine woman wanted to take a flight from Buenos Aires to Barcelona with her mother and dog Mona on Iberia. Because the animal was too large, it had to be placed in a transport box in the cargo hold. But during transport to the plane, the animal escaped from the box, and Mona was never found.
The woman demanded €5,000 in moral damages. Iberia acknowledged its fault and was willing to compensate for the damage, but considered the amount too high. According to the airline, the amounts must remain within the limits for registered baggage, with a maximum of just over €1,500.
Point out special interests when checking in
At the request of a Spanish court, the EU Court of Justice must determine whether a pet can be equated with a passenger. The answer is no. The Court refers to the Montreal Convention, which stipulates that baggage applies to objects, but “that does not allow us to conclude that this does not cover pets.”
The passenger could have claimed higher compensation, but she would have had to indicate the special importance of her pet in advance when checking in, which would have been a more expensive option.
The passenger’s lawyer said he was “relatively disappointed” with the European Court’s opinion, but expressed confidence that the Spanish judges, who will ultimately decide the case, “will be more sensitive to the new reality of our society.”
In the case of a person whose dog is their only companion, a similar disappearance can have consequences “not only moral, but also psychological and even psychiatric, which, in this opinion, can never be compensated,” he believes.
Sentient beings, not property
The Court’s ruling may seem unrealistic to animal lovers and organizations. However, in civil law, animals are still formally considered property, even though it is often stated that “animals are not objects but are protected by special laws,” which means that in many cases they are still treated as objects in legal terms, unless separate animal welfare rules apply.
However, equating animals with luggage can also send the wrong message to society. Animal rights organizations have, therefore, been advocating for a separate legal status for some time, e.g., “living property” or “sentient beings.”
The Belgian animal rights organization GAIA is calling for animals to be recognized as sentient beings, rather than as property, in all Belgian and European legislation. They advocate a legal distinction between inanimate property, such as a suitcase, and living animals, so that legislation on liability, compensation, and welfare is better aligned with this distinction.
Since the Treaty of Lisbon (Art. 13 TFEU), the EU has recognized that animals are “sentient beings,” but this has not yet been systematically translated into private law, such as contract or liability law.
‘Fit to fly’
For your information, pets do not always have to travel in the aircraft’s cargo hold. Small pets, usually cats or small dogs, must fit into a ventilated travel bag or cage that fits under the seat. The maximum weight, including the bag, should be 5-8 kg, depending on the airline.
If the animal travels in the cabin, it remains legally the property of the passengers; however, the traveler usually signs a waiver form, stating that the airline is not responsible for injury or death unless there is gross negligence.
For air travel with pets, a ‘it to fly’ certificate, also known as a health certificate from a veterinarian, is often required or strongly recommended.
