MADRID, Spain (AFP) — The European Union’s top court ruled Thursday that a dog travelling in an aeroplane’s cargo hold counts as baggage, meaning airlines are not required to pay higher compensation if the animal is lost.

The ruling stems from a dispute between Spanish airline Iberia and a passenger whose dog went missing on a flight from Buenos Aires to Barcelona in October 2019.

The dog, which had to travel in the aircraft’s hold due to its size and weight, escaped while being taken to the plane and was never found.

The passenger sought €5,000 euros ($5,400 USD) in damages. Iberia accepted responsibility but argued that compensation should be limited to the lower amount set for checked baggage under the Montreal Convention, which covers airline liability.

The Spanish court handling the claim referred the question to the European Union Court of Justice, which sided with the airline.

“Even though the ordinary meaning of the word ‘baggage’ refers to objects, this alone does not lead to the conclusion that pets fall outside that concept,” the Luxembourg-based court ruled.

An animal can be considered “baggage” for liability purposes “upon the condition that full regard is paid to animal welfare requirements while they are transported,” the court added.

The passenger had not made a “special declaration of interest” at check-in, an option allowing higher compensation for an additional fee with carrier approval.

The judgment is advisory and leaves the final ruling to the Spanish court handling the compensation claim.