Facts

Parties: [A.] and [B.] (appellants) against the Department of Economic Affairs of the Canton of Bern and the Office of Agriculture and Nature of the Canton of Bern.

Facts:

  • [A.] and [B.] keep a total of 20 horses and ponies on their farm in the Canton of Bern.
  • On November 4, 2016, the "Association Control Commission for Environmentally Friendly and Animal-Friendly Agriculture" conducted an unannounced inspection and found that four horses and 16 ponies lacked bedding in the lying area.
  • The Office of Agriculture and Nature of the Canton of Bern reduced the claim for direct payments due to the identified deficiencies.
  • The appellants filed an objection and an appeal, which were partially dismissed.

Main issue: The appellants request the annulment of the reduction of the basic contribution and the animal welfare contribution due to the unbedded lying area.

Considerations

The Federal Supreme Court examines its jurisdiction and the further conditions for entering into the matter ex officio (Art. 29 para. 1 FSCA) and with free cognition (see ATF 146 II 276 E. 1; 141 II 113 E. 1). The appeal concerns a matter of public law in the area of direct payments pursuant to Art. 70 ff. of the Federal Act on Agriculture (AgricA; SR 910.1).

The appellants argue that the bedding obligation under Art. 59 para. 2 AniWO and Art. 75 para. 2 aDZV in conjunction with Art. 74 para. 5 aDZV is not in line with the higher-ranking law. They allege an incompatibility with the constitutional and statutory provisions in the field of agriculture (see Art. 104 para. 3 lit. b Cst.; Art. 75 AgricA) and animal welfare (see Art. 1 AniWA; Art. 6…