ECJ: Travelling Pets are ‘Baggage’

Jan 9, 2026 Benn-Ibler Rechtsanwälte

The European Court of Justice has ruled that pets are considered baggage for the purposes of airline liability, thereby delineating the extent of airlines’ responsibility in cases of loss.

In the case at hand, the plaintiff flew with her mother and her dog from Buenos Aires to Barcelona. Due to its size, the plaintiff’s dog would have had to be transported in a pet carrier in the airplane’s cargo hold. During the handling process before boarding, however, the dog escaped from its crate and was lost on the airport premises. When checking in her luggage, the plaintiff did not make a specific declaration of interest of delivery at destination.

Airline liability

Air carriers’ liability for baggage is subject to a fixed maximum amount. Passengers may, however, declare a higher value for their baggage at their destination by paying a specific surcharge. In cases of loss, damage, or delay, compensation will be provided up to the declared value rather than the standard flat-rate limit.

The plaintiff requested EUR 5,000 in damages due to the loss of their dog. Although the airline admitted responsibility, it restricted compensation to a fixed flat-rate amount. Because the passenger had not declared a special interest in delivery at the destination or paid any surcharge during check-in, they were not entitled to the full EUR 5,000.

Do live animals (pets) count as baggage?

The Spanish court requested guidance from the European Court of Justice (ECJ) regarding whether the term ‘baggage’ encompasses live animals (pets). This determination would establish whether liability for lost baggage extends to such cases, thereby limiting liability to a predetermined amount.

The ECJ decided that pets are included under the definition of ‘baggage’. Therefore, any damage resulting from the loss of a pet is subject to the same liability rules that apply to baggage.

ECJ C-218/24 (16 October 2025)