Pets are considered luggage on airlines, EU court rules

Pets fall under the same compensation rules as baggage when checked in for transport on aeroplane holds, the Court of Justice of the European Union has ruled.

The judgement came in a case where a pet dog, which was too large and heavy to be put in the cabin, escaped from its cage as it was being loaded into the hold for a flight with Iberia airlines from Buenos Aires in Argentina to Barcelona in Spain.

“It could not be recovered,” the court said.

The dog’s owner, who had not made a special declaration of interest in delivery at check-in, claimed €5,000 from the airline in non-material damages. 

The declaration allows a passenger to declare a higher value than the standard airline liability limit for their checked baggage.

Iberia accepted responsibility for the loss of the dog, but said compensation should be limited to the same level as if a suitcase or other piece of baggage had been lost.

Pets classified as baggage

The judges in the Luxembourg-based court ruled that “pets are not excluded from the concept of baggage.”

“Even though the ordinary meaning of the word baggage refers to objects, this alone does not lead to the conclusion that pets fall outside that concept,” the court wrote.

It added: “For the purposes of air travel, a pet falls within the concept of ‘baggage’ and the compensation resulting from the loss of a pet is subject to the liability rules for baggage.”

Under the Montreal Convention the carrier’s liability for loss of baggage was limited to approximately €1,413 at the time of the incident.

The EU’s court ruling will affect all EU airlines, and will also influence courts outside the EU when dealing with similar cases covered by the Montreal convention.

What are pet rules for travel in EU?

Eurostar does not allow pets on its trains to or from London, between Brussels and Lille, or on its Sun and Snow services. 

On other Eurostar routes within continental Europe, pets are permitted, provided the owner ensures nearby passengers are comfortable with their presence.

If other passengers are nervous or object, the train manager will find the pet owner another seat. 

Small domestic cats and dogs weighing under 6kg travel for free as long as they travel in a travel cage no larger than 45 x 30 x 25 cm.

Larger dogs require a ticket, costing €30, and must either sit on the passenger’s lap or on the floor at their feet, and must be leashed and muzzled.

Similar rules apply on SNCF TGV high-speed trains and on regional TER networks, in addition to which a €7 pet ticket charge is applied whether animals are in a travel cage or not.

On Intercités trains, a pet ticket is €19 – pets are only allowed in coaches with seats, not couchettes, and must either be in carry cages or be leashed and muzzled.

However, dogs are banned from travelling on buses used when Intercités trains are cancelled due to work on the lines.

On all trains, guide and assistance dogs travel for free, and need not be muzzled unless usually always done so.

Rules differ between airlines and it is recommended to check in advance before booking a ticket if travelling with a pet is permitted.