Breeding of the Cavalier King Charles spaniel is a violation the Animal Welfare Act, while breeding of the English bulldog under a specific breeding programme is not
Supreme Court judgment 10 October 2023, HR-2023-1901-A, (case no. 23-004643SIV-HRET), civil case, appeals against judgment.
I.
The Norwegian Kennel Club, The Norwegian Cavalier Club, A, B, C (Counsel Anette Fjeld) v. Animal Protection Norway (Counsel Emanuel Feinberg)
II.
Animal Protection Norway (Counsel Emanuel Feinberg) v. The Norwegian Kennel Club, The Norwegian Bulldog Club, D, E, F (Counsel Anette Fjeld)
In a case brought by the Norwegian Society for Animal Protection (NSAP) against the Norwegian Kennel Club, two breed clubs and several dog breeders regarding the lawfulness of breeding two dog breeds, the Supreme Court concluded that NSAP had the necessary legal interest in bringing the case, see sections 1-3 and 1-4 of the Dispute Act. The Supreme Court also found that the courts were competent under section 25 of the Animal Welfare Act to determine that a specific type of breeding that is in violation of this provision concerns the entire breed. In the individual assessment, the Supreme Court's majority of three justices found that continued breeding of the Cavalier King Charles spaniel was in violation of section 25 of the Animal Welfare Act. Continued breeding of the English bulldog was – provided that a specific breeding programme was followed – not considered to be a violation. Two justices found that continued breeding of the Cavalier King Charles Spaniel would also not be a violation. Dissenting opinions 3-2.
Will be translated to English in its entirety.
Areas of law: Section 25 of the Animal Welfare Act. Civil procedure.
Key paragraphs: 122, 146, 176
Justices: Bull, Bergh, Østensen Berglund, Thyness, Hellerslia