This is because dogs are also considered ‘general baggage’.
The European Court of Justice (ECJ), the highest judicial body of the European Union (EU), said on the 16th that it had heard the case of the loss of Iberia Airlines’ dog at the request of the Spanish court and ruled that “the dog is treated as part of the baggage.”
In October 2019, a passenger boarded a flight from Buenos Aires, Argentina, to Barcelona, Spain, and entrusted a dog whose size and weight exceeded the in-flight standard to a cargo hold in accordance with regulations. However, during the transportation process, the dog escaped, and his whereabouts were unknown afterward.
In response, the passenger filed a lawsuit against the Spanish court and demanded 5,000 euros in compensation. The airline admitted the accident but insisted that compensation is possible only within the limits of compensation for loss of general baggage under the Montreal Convention, which applies to international air transport.
The Spanish court asked the ECJ to determine whether the companion animal could be considered a “baggage” under the agreement, and the ECJ accepted the airline’s position. The court also cited the fact that passengers did not report their dog as a “special baggage” when checking in. In the case of a special report, a larger amount of compensation may be requested in the event of damage instead of paying an additional fee.
However, the ECJ’s decision is an advisory judgment that is not legally binding, and the final ruling will be made by the Spanish court hearing the case. Nevertheless, local media predicted that the decision is likely to serve as a standard for similar disputes in Europe in the future.
JULIE KIM
US ASIA JOURNAL
