EU Court Rules Lost Dog by Spanish Airline Classified as Luggage

World / International / Justice / Travel
By Newsroom,  published 19 October 2025 at 12h27, updated on 19 October 2025 at 12h27.
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The European Court has ruled that, under current regulations, a lost dog transported by a Spanish company is legally classified as luggage rather than a sentient being, raising questions about the protection and status of animals in cross-border travel.

TL;DR

  • Lost pets on flights equated to baggage under EU law.
  • No extra compensation unless a prior declaration is made.
  • Final ruling pending from Spanish courts after EU guidance.

A Canine Companion Lost: Treated Like Baggage

When Grisel Ortiz, an Argentine passenger, prepared for her journey from Buenos Aires to Barcelona with Iberia, she could hardly have predicted the heartbreak awaiting her. Her dog vanished during boarding, prompting a legal dispute that would reach the highest echelons of European justice. Hoping for significant compensation—5,000 euros—for the emotional toll, Ortiz encountered the airline’s unyielding adherence to regulations.

At the heart of this case lies a difficult question: Should a pet be regarded differently than checked baggage? According to the recent opinion delivered by the Court of Justice of the European Union (CJEU) on October 16, 2025, animals placed in the hold are classified as “baggage.” The ruling invoked the Montreal Convention (1999), limiting compensation for lost luggage—whether suitcases or animals—to approximately 1,200 euros (or 1,000 special drawing rights), unless a specific declaration of value is made before travel. Unfortunately for Ortiz, she had not submitted such a declaration.

Attorney Carlos Villacorta, representing Ortiz, voiced dismay at what he perceives as a system blind to the deeper trauma inflicted by losing a pet. For many travelers, particularly those whose animals are their sole companions, treating a beloved dog as mere property feels distressingly inadequate. Still, several factors explain this decision:

  • The Montreal Convention sets clear limits on compensation.
  • No special declaration was made by the passenger.
  • The CJEU’s role here is only advisory.

A Non-Binding Opinion and Uncertain Outcome

The verdict from Luxembourg is not definitive; Spanish courts retain ultimate authority over Ortiz’s claim against Iberia. Whether this guidance sparks broader change—or leaves current practice untouched—remains to be seen. For now, within European legal confines, even a lost animal continues to be considered little more than misplaced luggage.

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