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Is a Pet Considered Baggage? Key Takeaways from the CJEU Judgment of October 16, 2025
11.05.2025
The Court of Justice of the European Union (CJEU) recently handed down a decision that will not go unnoticed by passengers traveling with pets, and by airlines.
In its judgment of October 16, 2025 (Case C-218/24, Felicísima v. Iberia), the Court held that pets must be regarded as “baggage” within the meaning of the Montreal Convention of May 28, 1999.
The judgment is available here.
This clarification has significant practical implications: in cases of loss or damage, the airline’s liability is capped, just as it is for any other checked baggage.
1. Background: when the animal “disappears” in transit
A passenger was traveling with her mother and her dog on a Buenos Aires–Barcelona flight operated by Iberia.
The animal, checked into the hold, escaped during transfer to the aircraft and was never found.
The passenger sought €5,000 in compensation for emotional distress. Iberia acknowledged liability but limited it to the cap set by the Montreal Convention, i.e. 1,519 Special Drawing Rights-SDR (approximately €1,870).
The Madrid Commercial Court referred a question to the CJEU: can a pet be treated as baggage under the Convention?
2. The CJEU’s ruling: a pet is baggage
The CJEU recalled that the Montreal Convention distinguishes three categories:
- passenger,
- baggage,
- cargo.
A pet is neither a person nor commercial freight.
The Court therefore concluded that an animal must be considered baggage, in order to maintain consistency in the law and balance the interests of passengers and carriers.
👉 In practice, this means that in cases of loss or damage, compensation is capped unless the passenger makes a special declaration of interest at delivery prior to departure (subject to payment of an additional fee).
The CJEU added that this classification does not exclude compliance with animal welfare requirements, which are safeguarded under EU and national regulations.
3. Implications for passengers and airlines
For passengers:
- The pet is legally considered as checked baggage.
- In cases of loss, damage, or delay, compensation is capped at 1,519 SDR.
- To obtain greater protection, passengers must make a special declaration of interest before the flight and pay a surcharge.
For airlines:
- The ruling provides welcome legal certainty: liability is now clearly defined.
- Carriers is responsible once the animal is taken into their care, including for ground operations handled by third-party providers.
- They must ensure proper handling and confinement conditions in compliance with animal welfare standards.
4. A pragmatic and balanced solution
By equating pets with baggage, the CJEU adopted a pragmatic approach:
- For airlines, a predictable liability framework;
- For passengers, a guaranteed though limited right to compensation.
While the solution may appear symbolically harsh, it ensures international legal coherence and greater predictability in disputes.
✅ Key takeaways
- 🐕 A pet is considered baggage under the Montreal Convention.
- 💰 Compensation for loss is capped.
- ✈️ Airlines must ensure compliance with animal welfare standards throughout transport.
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