The Court of Justice of the European Union (CJEU) has delivered a significant, landmark ruling that addresses the legal standing of companion animals during international air travel. This pivotal decision establishes that pets being transported within the aircraft’s cargo hold must be treated identically to standard checked baggage when determining the limits of liability and compensation in the event of their loss or damage during transit. As reported by the publication Politico, this judicial interpretation effectively makes it more challenging for pet owners to successfully claim enhanced financial redress should their animals go missing.
Adopted on October 16, 2025, this judgment clarifies the legal framework governing the responsibility of air carriers operating within the jurisdiction of the European Union. The case stemmed from an unfortunate incident that took place in 2019. During a flight traveling from Buenos Aires to Barcelona, a dog named Mona, belonging to an owner identified as Felissima, vanished without a trace during a transit stop. The owner subsequently sought compensation for non-material damages totaling 5,000 euros. However, a critical legal hurdle was the absence of an official declaration of the animal’s “special value,” a procedural step that would have been necessary to secure a higher coverage limit under existing international regulations.
The CJEU was tasked with navigating the delicate balance between the strict liability norms set out in the Montreal Convention of 1999, which governs the carriage of luggage, and the continually evolving standards for animal protection across the European Union member states. The final ruling confirmed that the provisions of the Convention, which define the financial limits of carrier liability for ordinary luggage, are indeed applicable to animals being transported in the cargo compartment. This decision standardizes the compensation approach across the bloc, linking potential payouts directly to the established norms for checked baggage, unless the owner had taken proactive, documented steps to formally declare a higher value prior to the journey.
This precedent provides essential legal certainty for both passengers and airlines regarding the financial obligations of carriers operating across Europe. By focusing squarely on the established baggage convention, the CJEU ruling fundamentally shifts the emphasis away from the inherent emotional significance and sentimental value of a lost pet. Instead, it places the focus firmly on the formal declaration procedures required when transporting animals in the cargo hold. Consequently, this judgment underscores the critical importance for pet owners planning international flights to meticulously research and comply with all airline requirements concerning declaration, documentation, and proper packaging. Failure to adhere strictly to these procedural steps means owners may find themselves limited solely to standard baggage compensation rates, regardless of the animal's true worth. This ruling serves as a powerful reminder that administrative compliance is paramount to maximizing legal protection should unforeseen circumstances, such as loss or injury, arise during transit.