Facts
The appellant [A.] operates a cat shelter in [U.] , where he takes in particularly elderly, health-impaired and traumatized cats. The Veterinary Office of the Canton of Basel-Landschaft ordered various measures in a decree dated April 5, 2019 to improve the animal husbandry of the appellant. This also included the requirement that [A.] must care for, groom and occupy the cats in the cat shelter in accordance with their needs and state of health, with a prescribed daily interaction of at least 20 minutes with each individual cat.
[A.] appealed against this decree, which was assessed by the Cantonal Court of Basel-Landschaft and ultimately by the Federal Supreme Court. The Federal Supreme Court held that the ordered measures are generally in compliance with federal law, as they aim to ensure that the cats receive care adapted to their special needs. However, the Federal Supreme Court specified that the daily time spent interacting with the cats should be adapted to the different social behavior and individual needs of the individual animals.
Considerations
The Federal Supreme Court concluded that the requirement of a daily 20-minute interaction with each individual cat is too rigid. It is sufficient if the condition of the animals is checked daily and it is ensured that the cats have activity opportunities and social contacts with humans or conspecifics adapted to their needs. The disputed order should be specified in this sense and thus understood as proportionate and not as a violation of the principle of legality or the prohibition of arbitrariness.
Furthermore, the Federal Supreme Court confirmed the measures…