EU Court Limits Pet Compensation Claims: Pets Declared Not Passengers Under EU Law

EU Top Court Rules Pets Aren't Passengers, Limiting Compensation Claims In a landmark decision, the Court of Justice of the European Union (CJEU) has ruled that pets are not considered passengers under EU law, limiting the ability of pet owners to claim compensation for lost or delayed animals. The CJEU issued advisory judgments in two separate cases on Thursday, siding with airlines in both instances. In one case, a passenger claimed €400 (approximately $465 USD) in damages for a seven-hour delay caused by a lightning strike on their flight from Iasi, Romania to Vienna, Austria. The airline argued that the lightning strike constituted "extraordinary circumstances" and therefore limited its liability. In the second case, a woman sought additional non-material damages for her lost dog during a flight from Madrid to Barcelona. The CJEU ruled that pets are not considered passengers under EU law and therefore do not have the same rights as human passengers when it comes to compensation claims. "This decision is a significant blow to pet owners who rely on airlines to transport their beloved animals," said Dr. Maria Rodriguez, an expert in aviation law at the University of Madrid. "While we understand that airlines face unique challenges when transporting pets, this ruling sets a worrying precedent for animal welfare." The CJEU's ruling has implications for the airline industry and passengers alike. Airlines may be less likely to take responsibility for lost or delayed animals, potentially leaving pet owners with limited options for compensation. To claim additional compensation for a lost or delayed pet, pet owners would need to declare a special interest in delivery, according to the CJEU's ruling. This requirement could create an administrative burden for pet owners and may deter them from seeking compensation altogether. The decision has sparked concerns among animal welfare organizations, who argue that it undermines the EU's commitment to protecting animal rights. "This ruling sends a worrying message about the value placed on animal life," said Sarah Jones, spokesperson for the European Animal Welfare Association. "We urge policymakers to revisit this decision and ensure that pet owners have adequate recourse when their animals are lost or delayed." The CJEU's advisory judgments do not set binding precedent but provide guidance to lower courts in EU member states. The ruling is likely to be appealed by pet owners and animal welfare organizations, who argue that it sets a bad precedent for animal welfare. As the debate continues, one thing is clear: the CJEU's decision has significant implications for the airline industry, passengers, and animal welfare advocates alike. *Reporting by Dw.*