Kernrechtsfrage
Whether the administrative order requiring weather protection for cattle kept on a pasture was lawful
Extrahierter Entscheid
Yes. In the hot summer conditions, keeping the herd continuously on an unshaded pasture without any shelter was incompatible with animal welfare; the order to provide weather protection was proportionate and supported by Art. 25 Abs. 1 TSchG.
Extrahierte Begründung
The animals were exposed for days to very high temperatures and direct sunlight. The court held that robust breeds are not exempt from heat stress, that the relevant standard is animal welfare under Art. 2 and 3 TSchG and Art. 1, 3, 4, 5 TSchV, and that Art. 25 Abs. 1 TSchG also authorizes less intrusive protective measures than seizure.