The EU Court of Justice said Thursday that pets are not exempt from ā€œthe concept of baggage” as liability for air carriers.

The court ruled that, for air travel, a pet falls within the concept of ā€œbaggageā€ and compensation for the damage resulting from the loss of a pet is subject to liability rules for baggage. “Even though the ordinary meaning of the word ā€˜baggage’ refers to objects, this alone does not lead to the conclusion that pets fall outside that concept,” it stated.

“The concept of ā€˜persons’ corresponds to that of ā€˜passengers’, with the result that a pet cannot be considered to be a ā€˜passenger.’” It also said the limit on an air carrier’s liability for the loss of baggage includes non-material damage as well as material damage, Anadolu writes.

“If a passenger considers that that limit is insufficient, a special declaration of interest in delivery at destination allows him or her to increase the limit, subject to approval by the air carrier and to the payment of a supplementary sum if the case so requires,” it noted.

The ruling stems from a case involving a dog that died while being transported by an airline in 2019. During a 22 October 2019Ā flightĀ from Argentina to Spain, a passenger’s dog escaped while being carried to the plane and was not recovered. The passenger claimed compensation of EUR 5,000 for the non-material damage suffered.