says airlines should not pay more for their loss
He Court of Justice of the European Union (CJEU) has ruled this Thursday that pets are not excluded from the concept of “baggage” in the international convention that applies to air transport and, therefore, Airlines cannot be forced to pay additional compensation for the loss of a pet which is added to the compensation stipulated by law in the event of lost luggage.
The case responds to the case of a passenger on an Iberia flight between Buenos Aires and Barcelona in October 2019whose pet had to travel in the hold in its corresponding carrier, but disappeared during its transfer to the plane.
The dog escaped while being transported to the plane and was never recovered, which is why its owner, who did not make any specific statement about the value of what was transported when checking in, is demanding compensation in court. compensation of 5,000 euros as compensation for the moral damage suffered for the loss of your pet. The airline, however, admits its responsibility and the passenger’s right to be compensated, but with the limit provided for checked luggage.
The European High Court rules in this regard that since the Montreal Convention recognizes only the international transport of “people and luggage”In addition to cargo on aircraft, the concept of “people” covers passengers only and therefore an animal is covered by the other category, “baggage.”
Thus, the Court based in Luxembourg rules, compensation for the damage derived from its loss is subject to the liability regime provided for baggage. Therefore, in the absence of a special declaration of the value of the delivery of the luggage at the place of destination, the
