Is a pet worth the same as a suitcase? The ECJ examines the case of Mona, represented by BCVLex
The Court of Justice of the European Union (ECJ) is currently considering a question with far-reaching legal and emotional implications: Can the loss of a pet be compensated as if it were lost luggage? The answer could set a major precedent for the protection of animals in international air travel. BCVLex, represented by our partner Carlos Villacorta, is actively involved in this landmark case.
The case, heard recently in Luxembourg, stems from the disappearance of Mona, a dog scheduled to travel in the cargo hold of an Iberia flight from Buenos Aires to Barcelona in October 2019. Her owner, Gisel Ortiz, is claiming €5,000 in moral damages. Iberia accepts liability, but insists on applying the Montreal Convention’s compensation limit for checked baggage: around €1,800.
Animals are not objects
“If an airline only has to pay a few coins for a lost dog, there will be as many incidents with pets as with suitcases,” warned Carlos Villacorta, lawyer for the passenger, during his appearance before the Court. For him, the issue goes beyond money: it’s about recognizing the emotional bond and sentient nature of animals, as already acknowledged by EU and Spanish law.
The core argument is that the baggage compensation regime cannot be applied to pets. “A pet is still a pet, but when assessing the loss, the emotional harm to the passenger must be taken into account,” Villacorta explained.
A key opportunity for the ECJ
The Spanish judge handling the case has referred a preliminary question to the ECJ to clarify whether the Montreal Convention can be interpreted in harmony with EU animal welfare legislation. During the hearing in Luxembourg, the Court listened to the parties involved, including the European Commission and the International Air Transport Association (IATA).
The lawyer representing the owner acknowledges the challenge of obtaining a favorable ruling but stresses the symbolic importance: “The ECJ has a unique opportunity to clarify the legal recognition pets deserve in our society.”
More than just Mona’s case
Beyond this individual case, the broader issue concerns how airlines and EU law treat companion animals in commercial settings. Iberia has even threatened to end its animal transport service if compensation rules similar to those for passengers are imposed.
At BCVLex, we remain fully committed to defending our clients’ rights and to promoting a legal system that reflects modern societal values. This case highlights the growing relevance of legal frameworks that reconcile international obligations, contractual responsibility, and animal sentience.
We will continue to monitor this crucial case closely.
