The Court of Justice of the European Union ruled this Thursday that when an animal is harmed by an airline, it should be treated as normal baggage.
A pet should be treated as baggage in case of damage during air travel. This judgment was given by the Court of Justice of the European Union on Thursday. By treating the animal as baggage, the victims will not be able to get much compensation from the airlines.
“The protection of animal welfare is an objective of general interest recognized by the EU that does not prevent animals from being transported as ‘baggage’ and not being treated as such,” the Luxembourg-based legal institute points out.
A decision requested by a Spanish court
The decision vindicates Spanish airline Iberia, which was targeted by complaints from passengers whose dogs were lost during boarding. The complainant requested 5,000 euros as compensation for “moral damages”.
The passenger did not make a special declaration about his dog at check-in. An option is provided when an object, often expensive, is registered. For its part, Iberia says it accepts its responsibility and is ready to compensate the plaintiff, but limited to what is paid for the luggage.
Requested by the Spanish court that examined the case, the European Court indicated in its opinion that the concept of “checked baggage” on an airplane applies to both the transport of pets and material objects. This means that any compensation must be limited to compensation paid in the event of the loss of a suitcase during theft.
1,200 Euro compensation
Passenger rights are protected by the 1999 Montreal Convention. This implies that “the carrier’s liability in the event of destruction, loss, damage or delay is limited to the sum of 1,000 special drawing rights per passage” or approximately 1,200 euros.
This opinion of the Court of Justice of the EU, however, remains advisory and does not resolve the dispute. It falls under the jurisdiction of Spanish courts.
