In October 2025, the Court of Justice of the European Union (CJEU) adopted two important rulings on how airlines compensate passengers.
In Case C-218/24, the Court of Justice of the European Union examined a claim for compensation by a passenger for non-pecuniary damage suffered due to the loss of a pet. The Court noted that pets are not excluded from the scope of the concept of “baggage” under the Montreal Convention. Under that convention, the air carrier’s liability for baggage is subject to a fixed limit.
The decision points out that, unless the passenger makes a special declaration of interest in delivery at destination, the air carrier’s liability limit for lost baggage applies to both pecuniary and non-pecuniary damages. If the passenger considers this limit too low, they may submit a special declaration of interest to set a higher amount, provided that an additional fee is paid and the air carrier agrees, where required.
The other case, C-399/24, involves an incident in which an Austrian Airlines aircraft was struck by lightning shortly before landing in Romania. According to the ECJ ruling, a lightning strike can be considered an extraordinary circumstance if it necessitates mandatory safety checks, and can therefore be accepted as a valid reason for flight delays that does not entitle passengers to compensation.
The rules of Regulation (EC) No 261/2004 on the liability of air carriers apply to both cases. More information on the two cases can be found here and here:
Please contact us if you have any questions regarding aviation law and the carriage of passengers and cargo by air.
