Dogs Classified as โ’Lost Luggage‘โ in EU Air Travel Ruling
LUXEMBOURG – In a controversialโ decision with immediate implicationsโ for petโ 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 โค”sentient beings” โ- โฃrequiring airlines to consider their well-beingโ during transport – the ECJ steadfast โthis provision does not translate into increased liability for loss or harm. โขAbsent a pre-arranged, potentially surcharge-based agreement with โthe carrier,โฃ airlines are onlyโ responsible for the animal to the same extent as they are for misplaced baggage.โฃ this means compensation for a lostโค or harmed dog will be limited to the standard baggage claim allowance.
The ruling underscores a significant gap in legal protectionโข 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 โฃcase originated from a dispute were โa dog owner sought greater reimbursement from โฃan airline following theโค loss of their pet during air travel.โข The owner had not negotiated a specific compensation agreement with the airline prior โคto theโค flight.
Pet owners wishing to secure more significant coverage for โคtheir โขanimals during โair travel must proactivelyโ 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 โofโ the current โฃlimitations in โคlegal recourse for petโ owners facing โloss or harm to โขtheir animals during air transport.
