Abstract This case note analyses the judgment of the Court of Justice of the European Union in Iberia Líneas Aéreas de España (Concept of “baggage”) (C-218/24), in which the Court held that companion animals transported by passengers are not excluded from the notion of “baggage” under the Montreal Convention of 1999. It situates the ruling within the broader debate on the Convention’s exclusivity principle and assesses its implications for air carrier liability in cases involving the loss, injury, or death of live animals. The note examines the Court’s interpretation – grounded in the ordinary meaning of “baggage,” the structure and objectives of the Convention, and supplementary materials – and highlights the absence of dedicated provisions on animal carriage in both EU and international air law. Despite the Court’s clarification, the analysis identifies significant normative and practical challenges that persist. It ultimately contends that a baggage-based liability regime, supplemented by enhanced compensation limits, offers the most coherent and workable framework for addressing the distinct vulnerabilities of companion animals and the emotional importance they hold for travellers.
Ricardo Pazos Castro (Thu,) studied this question.