Dogs and cats as luggage, clarification by EU Court of Justice on pets on aeroplanes

Brussels – Dogs and cats? They count as baggage, so when travelling by air, it is good to keep in mind what to do in the event of loss or damage. The Court of Justice of the EU, with a judgment, made it clear that “although the common meaning of the term ‘baggage’ refers to objects, that does not allow the conclusion to be drawn that pets do not fall within that concept.” Pets, in essence, are considered in the same way as suitcases and duffel bags. 

From a legal perspective, for the judges of Luxembourg, the  Montreal Convention  is an international treaty that regulates the liability of airlines in the international transport of passengers, baggage, and cargo. Under this treaty, the term “persons” includes the term “passengers”, so that, the Court of Justice of the EU explains, “a pet cannot be assimilated to a passenger.” It therefore follows that in the case of travel by air, a pet falls within the notion of “baggage”, and compensation for damage resulting from its loss is subject to the liability regime laid down for the latter. 

These legal clarifications have practical implications for all owners of four-legged friends, and there are many. In the European Union, there are 69.3 million dogs and almost 81 million cats, according to the census conducted by FEDIAAF, the association of pet food manufacturers. These four-legged Europeans are then joined by the 17.2 million small mammals (hamsters, guinea pigs, rabbits), all of which are friends you can travel with, but bearing in mind that they are not passengers but luggage.