Dogs Classified as ’Lost Luggage‘ in EU Air Travel Ruling
LUXEMBOURG – In a controversial decision with immediate implications for pet owners, the European Court of Justice (ECJ) has ruled that dogs traveling by air are legally considered “lost luggage” if not specifically covered by a higher compensation agreement with the airline. The ruling, stemming from case C-218/24, clarifies the submission of Article 13 of the Treaty on the Functioning of the European Union (TFEU) regarding animal welfare.
while EU law recognizes animals as ”sentient beings” - requiring airlines to consider their well-being during transport – the ECJ steadfast this provision does not translate into increased liability for loss or harm. Absent a pre-arranged, potentially surcharge-based agreement with the carrier, airlines are only responsible for the animal to the same extent as they are for misplaced baggage. this means compensation for a lost or harmed dog will be limited to the standard baggage claim allowance.
The ruling underscores a significant gap in legal protection for traveling pets. Although Article 13 TFEU mandates consideration of animal welfare, the court found it does not establish a separate legal basis for higher compensation in cases of loss. The case originated from a dispute were a dog owner sought greater reimbursement from an airline following the loss of their pet during air travel. The owner had not negotiated a specific compensation agreement with the airline prior to the flight.
Pet owners wishing to secure more significant coverage for their animals during air travel must proactively negotiate and agree to higher compensation terms with the airline, potentially incurring an additional fee.The ECJ ruling,delivered on an unspecified date in 2024,serves as a stark reminder of the current limitations in legal recourse for pet owners facing loss or harm to their animals during air transport.