Facts
The applicants, X. and Y., are researchers at the Institute of Neuroinformatics of the University of Zurich and the ETH. They applied to the Veterinary Office of the Canton of Zurich on February 1, 2006, for authorization to conduct an animal experiment. The experiment was to investigate the circuits in the cerebral cortex of all mammals and develop a unified theory of the neocortex. The researchers planned to use a total of 300 rats, 100 cats, and 36 rhesus monkeys for the experiment.
The Veterinary Office of the Canton of Zurich submitted the application to the cantonal animal experimentation commission for review. The commission requested the Veterinary Office to reject the application. However, the Veterinary Office authorized the animal experiment with conditions. The animal experimentation commission and five of its members appealed to the Health Directorate, which upheld the appeal and revoked the animal experimentation authorization with regard to the use of non-human primates.
The applicants unsuccessfully appealed to the Administrative Court of the Canton of Zurich and then filed a complaint with the FSCA.
Considerations
1. Admissibility of the Complaint
The FSCA examines whether the complaint is admissible. The applicants participated in the proceedings before the lower court and are particularly affected by the contested decision. They have a legitimate interest in the revocation or modification of the decision.
2. Duty to Provide Reasons and Duty to Raise Objections
The FSCA examines whether the applicants have sufficiently substantiated their objections and arguments. The applicants must engage with the statements in the contested decision in a subject-related manner in their complaint.
3. Weighing of Interests
The FSCA examines whether the lower court correctly weighed the interests between the research interest and the animal welfare interest. The applicants argue that the lower court wrongly applied stricter standards for basic research than…