Top EU Court Classified On-Flight Pets as Baggage

The European Union’s highest Court issued a landmark judgment for the aviation industry. The latest verdict affects your furry friends. The European Court of Justice (ECJ) held that pets carried on board can be treated as baggage. This ruling has created a controversy all around the world. It also affects the compensation rights of passengers. Every traveler should be aware of this latest judgment affecting their furry friend. You should also know the implications of this verdict on the Airline’s pet policy. We have got everything covered for you in this blog.

Latest ECJ Ruling: Pets Classified as Baggage

The European Union Court of Justice (ECJ) has recently compared pets with baggage. The top Court made it clear that pets can be regarded as baggage (on flights). The ruling comes after a 2019 case where a traveler mislaid her dog en route. The passenger had claimed €5,000 ($5,800) as compensation for the same. According to this decision, airlines do not have to pay for animals above the amount specified by the Montreal Convention, which governs lost luggage.

What was the Case that culminated in this judgment?

The ECJ delivered this newest ruling when it considered the Case of an anxious flight passenger whose cherished dog disappeared. The unfortunate incident happened on 22nd October, 2019. There was a passenger named Felicísima who was boarding the flight from Buenos Aires. Her travel destination was Barcelona. She was flying along with her 6-year-old dog named Mona. Since Mona was big in size, she was put in a special crate. The dog was meant to board the plane as cargo. Mona, however, fled when she was taken to the aircraft. The dog was never recovered. Felicísima claimed €5,000 compensation for the emotional trauma caused by losing her dog. Iberia Airlines assumed liability but would not pay beyond the established limit for loss of baggage.

What is Non-material damage Compensation Filed by the owner?

The Airline companies offer monetary compensation for intangible losses. It covers emotional distress/ suffering/ pain/ enjoyment loss in life. The suffering passenger had filed a compensation claim under this rule in the Spanish Court. The distraught passenger claimed negligence on the part of the Airlines. Felicísima claimed that she launched an intense social media campaign for her dog’s recovery. The Spanish Court transferred the Case to the Luxembourg-based European Court of Justice. It was done to determine the status of Pets in the event of damage/ losses.

Why Did the Top Court Classify Pets as Baggage?

The ECJ held that pets do not fall outside the definition of “baggage” in the Montreal Convention, which applies to air transport. In the view of the Court, pets qualify as baggage, and therefore compensation for their loss follows the same regime that applies to lost luggage. The Airline’s pet policy does not specifically mention the compensation rules for lost pets.

The ECJ made it clear that, in the absence of a special declaration, compensation for loss of an animal can be for only material damage, e.g., the financial worth of the pet. Non-material damage, e.g., emotional distress, is also encompassed under compensation for lost baggage, but only up to the set limits. The ECJ decision bars airlines from paying more as compensation for animals unless higher declarations are made.

Montreal Convention on Compensation Limits

Under the Montreal Convention, the maximum liability for airlines regarding lost baggage is 1,519 Special Drawing Rights (about $2,175). In Felicísima’s Case, this meant she was entitled to €1,578.82 ($1,833) for her lost pet, as she didn’t make a special declaration of interest in her dog’s transport. The judge ruled that “passengers” in the Montreal Convention refers exclusively to the human travelers.

How does the New Ruling affect Compensation Benefits?

The Case establishes a precedent for travelers with pets who do not provide a specific declaration concerning the contents of the pet crate if the animal goes missing. It means that airlines do not have to provide increased compensation for a lost animal unless passengers have made a specific declaration prior to their flight.

Wide-Spread Criticism Erupts on this Verdict

There has been an outpour of criticism regarding this verdict. Felicísima’s lawyer, Carlos Villacorta Salis, criticized the ECJ ruling, stating that no airline would allow passengers to make a special declaration for pets. The lawyer also argued that the Court missed an opportunity to advocate for better legal protection for animals as well as their owners. He pointed out that pets are treated similarly to inanimate baggage like suitcases in the eyes of the law.

The ECJ maintained, though, that while the protection of animal welfare is an important EU objective, it does not make any difference to the legal status of animals during air travel. The aviation analyst points out that pet travel in Europe is still rather unusual as opposed to flights across the Atlantic, where tiny pets are allowed on board in the cabin while larger ones travel in the cargo compartment.

Key Points Related to Pet Policy on US Airlines

In the United States, pet travel regulations have been altered over time. In 2020, the Transportation Department reclassified emotional support animals as typical pets, no longer recognizing them as service animals. Airlines have placed restrictions on cabin pet sizes and types, and passengers are required to ensure pet restrictions before purchase. Pet travel regulations internationally can differ, and requirements should be researched for each destination.

CDC Guidelines for On-flight Pet Travel

All the major Airlines require travelers with pets to comply with the CDC guidelines. The Centers for Disease Control and Prevention (CDC) has strict guidelines for importing pets into the US. Pets from low-rabies-risk countries must have a CDC Dog Import Form/ a microchip. Pets should also be in good health. Passengers traveling from high-rabies-risk countries require additional documentation. It includes a Rabies Vaccination Certificate. A veterinarian must have filled it out before departure.

What Should Passengers Watch Out for Now?

Travelers should be aware of the new ruling apart from the Airline Pet policy. It is necessary for flights crossing the European route. Make sure to comply with the pet vaccination requirements of the specific destination. While the new verdict has received criticism, many are praising it too for setting a smooth compensation rule.

By ensuring that pets are treated as luggage under air law, with provisions for compensation. This ruling improves legal protection for pet travelers. It also encourages more sustainable/ inclusive tourism practices all across the globe.

In the End

The recent ECJ ruling will have a significant impact on the aviation industry. The classification of pets as luggage (in Case no special document is signed) sets a simplified directive. Passengers can now claim their lost pets under the missing baggage claim policy. Many pet lovers are furious over this categorization. No matter where you travel, you should always check the Airline as well as the specific country’s pet policy for a smooth travel. We have shared all the details that you need regarding this major update in pet compensation rules.

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