The Norwegian Kennel Club is likely to appeal the judgment from the Court of Appeal regarding the breeding of cavalier king charles spaniels

The Norwegian Kennel Club is likely to appeal the judgment from the Court of Appeal regarding the breeding of cavalier king charles spaniels
The Norwegian Kennel Club is likely to appeal the judgment from the Court of Appeal regarding the breeding of cavalier king charles spaniels

The Norwegian Kennel Club is considering appealing the Borgarting Court of Appeal’s ruling that the breeding of cavalier king charles spaniels is in violation of the Animal Welfare Act.

A 15-week-old dog of the Cavalier King Charles Spaniel breed. The Borgarting Court of Appeal has ruled that further breeding of this breed of dog, as it takes place today, is in breach of the Animal Welfare Act. Photo: Julian Stratenschulte / DPA / NTB
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The parties in the case were the Norwegian Kennel Club, the Norwegian Cavalier Club and the Norwegian Bulldog Club and six breeders who were sued by Animal Protection Norway.

The Borgarting Court of Appeal partially upholds and partially acquits the parties who were convicted in the Oslo District Court. The district court banned the breeding of both dog breeds, the English bulldog and the cavalier king charles spaniel, after it had determined that the breeding, as it takes place today, is in violation of the Animal Protection Act.

In the Court of Appeal’s judgment, it is stated that further breeding of the Cavalier King Charles Spaniel breed according to current practice will be in breach of the Animal Welfare Act. The verdict, however, acquits the Kennel Club, the Norwegian Bulldog Club and three of the breeders of violations of the Animal Welfare Act when it comes to breeding English bulldogs.

The Borgarting Court of Appeal has concluded that there is no evidence to conclude that the breeding of English bulldogs in Norway is in breach of the Animal Welfare Act. Archive photo: Erlend Aas / NTB

Anchor probably

The Norwegian Kennel Club (NKK) writes in a press release on Friday that they are happy about the Court of Appeal’s acquittal of all matters concerning the English Bulldog breed, but leader Tom Øystein Martinsen believes the judgment creates a lot of uncertainty and ambiguity.

– Is it only the three convicted breeders who are prohibited from breeding, or does it apply to everyone who owns a variant of such a dog, asks Martinsen.

– That is why we will probably appeal the verdict to the Supreme Court. We must of course read it thoroughly first, but the principle itself is very important, and requires clarification at the highest level, says Martinsen.

Not responsible farming

In the judgment on the breeding of the Cavalier King Charles Spaniel breed, it is stated, among other things, that the breeding of this breed cannot be defended.

– The consideration of preserving the breed with such characteristic exterior features as it has today, or aesthetic considerations, cannot, in the Court of Appeal’s view, defend breeding with the aforementioned risk of relevant health consequences, writes the Court of Appeal.

– Nor can the consideration of the business for the appellants, or the more emotional aspects of it linked to the affinity for the breed, compensate for the risk of suffering that the cavalier is exposed to during breeding, it continues.

English bulldog gets the green light

The Borgarting Court of Appeal, however, acquits the Kennel Club, the Norwegian Bulldog Club and three of the breeders of violations of the Animal Welfare Act. The court does not find it proven that the breeding of this breed is contrary to the law, or that further breeding arouses what is referred to as general ethical reactions.

The Court of Appeal points out that there have been good reasons to get a legal clarification on the relevant questions in the case. Therefore, neither party is ordered to pay legal costs in connection with the lawsuit, but all must bear their own costs.

The judgment from the Court of Appeal was unanimous.

Published:

Published: 18 November 2022 17:47

The article is in Norwegian

Tags: Norwegian Kennel Club appeal judgment Court Appeal breeding cavalier king charles spaniels

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