CJEU Judgment of 16 October 2025, in Case C-218/24
Provided by Jaime Fernández Cortés and Sergi Giménez with Augusta Abogados in Spain
The Court of Justice of the European Union (CJEU), in its judgment of 16 October 2025, in case C-218/24, ruled that pets and companion animals are to be understood as included within the concept of “baggage” under the 1999 Montreal Convention.
The CJEU addressed a question referred by Commercial Court No. 4 of Madrid, which was handling a claim for €5,000 in moral damages due to the loss of a companion animal. The animal had been checked in by the passenger for transport in the aircraft’s cargo hold using a pet carrier. The issue arose because although airlines accept the transport of domestic animals as special baggage, Spanish national law (Article 333 bis 1 of the Civil Code) defines animals as living beings endowed with sensitivity. They can only be subject to the legal regime of goods and property insofar as it is compatible with their nature or with provisions aimed at their protection. Additionally, Article 13 of the Treaty on the Functioning of the European Union (TFEU) mandates that the Union and its Member States fully consider animal welfare requirements, recognizing animals as sentient beings.
According to the CJEU, although the term “baggage” generally refers to objects a person carries during travel, it cannot be concluded that companion animals are excluded from this term under the Montreal Convention, especially when there is no regulation prohibiting the transport of animals as baggage on aircraft.
Therefore, if companion animals can be considered baggage under the Montreal Convention, the following provisions apply:
- Article 17.2 – The regime of strict liability applies in cases of loss or damage to the animal while under the carrier’s custody, provided the animal was checked in for transport in the cargo hold.
- Article 22.2 – The liability limit currently set at 1,519 Special Drawing Rights (SDRs), unless the passenger has made a special declaration of the animal’s value and paid an additional amount, with the carrier’s agreement, to raise the liability limit.
The CJEU also recalls that, according to its case law (Judgment of 9 July 2020, Case C-86/19), the liability limit for air carriers for damage resulting from lost baggage is an absolute limit, covering both moral and material damages.
With this decision, the CJEU clarifies uncertainties in the air transport sector regarding the liability regime applicable to incidents involving the transport of companion animals. It promotes legal certainty and a fair balance between the interests of airlines and passengers, especially by explicitly declaring the applicability of the Montreal Convention’s compensation limits to incidents involving baggage.