**EU Court Rules That Dogs Traveling in Cargo Hold Count as Baggage, Limiting Airline Compensation**
The European Union’s top court ruled on Thursday that a dog traveling in an airplane’s cargo hold counts as baggage. This means airlines are not required to pay higher compensation if the animal is lost during the journey.
The ruling comes from a dispute between Spanish airline Iberia and a passenger whose dog, Mona, went missing before a flight from Buenos Aires to Barcelona in October 2019. Due to her size and weight, Mona had to travel in a pet carrier in the aircraft’s hold. However, she escaped while being taken to the plane and was never seen again.
According to her owner, Grisel Ortiz, Mona ran across the airport runway while being chased by three vans. Ortiz’s mother witnessed the scene from inside the plane.
“Many people laugh because they don’t understand what Mona means to me,” Ortiz said in an interview published by Argentine daily *Clarin* in January 2020. “Since she went missing, all I do is cry and stay glued to my phone, waiting for a miracle.”
Ortiz created a Facebook page to seek information about Mona’s whereabouts and offered a cash reward for her return, but her efforts yielded no credible leads. She also sought 5,000 euros (approximately $5,400) in damages from Iberia.
The airline accepted responsibility for Mona’s disappearance but argued that compensation should be limited to the lower amount set for checked baggage under the Montreal Convention, an international agreement that regulates airline liability.
The Spanish court handling the claim referred the question to the European Union Court of Justice, which sided with Iberia. The Luxembourg-based court ruled, “Even though the ordinary meaning of the word ‘baggage’ refers to objects, this alone does not lead to the conclusion that pets fall outside that concept.”
The court added that an animal can be considered “baggage” for liability purposes “upon the condition that full regard is paid to animal welfare requirements while they are transported.”
Furthermore, the court noted that the passenger had not made a “special declaration of interest” at check-in—an option allowing for higher compensation in exchange for an additional fee and carrier approval.
Ortiz’s lawyer, Carlos Villacorta Salis, criticized this point, calling it a “false argument” and stating that “no airline in the world” would agree to such a declaration for a pet transported in the plane’s hold. He expressed being “very disappointed” with the ruling, describing it as a “missed opportunity to give visibility to the rights of animals and the people who care for them.”
It is important to note that the judgment from the EU Court of Justice is advisory. The final ruling on compensation will be made by the Spanish court handling Ortiz’s claim.
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### Other Incidents of Dogs Missing on Airport Runways
Similar incidents have occurred elsewhere, sometimes with happier endings. In 2024, a dog named Amalka escaped from a plane at France’s largest airport, Paris Charles de Gaulle, causing the closure of two runways. After nine days at large, Amalka was successfully reunited with her owner.
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This ruling highlights the complexities around airline liability for pets traveling in cargo holds and raises important discussions about animal welfare and passenger rights.
https://www.cbsnews.com/news/dogs-cargo-airline-liability-eu-court-passenger-pet-missing/
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