Pit bull is banned in India
Federal court deports foreign pit bulls in his home country
A Portuguese brings his pit bull mixed breed to Switzerland, but the breed is banned in the canton of Geneva. Now the federal court had to judge whether the animal could be confiscated.
The Geneva Veterinary Office has to return a seized pit bull hybrid to its owner. This has been decided by the Federal Supreme Court. The dog owner from Portugal will have to bring the animal back to Portugal because it is banned in the canton of Geneva.
The dog, born in Portugal, was imported to Switzerland by the owner in February 2018. The Portuguese veterinarian had described the breed as "undetermined" in the animal's documents. However, the Swiss veterinarian entered the dog as a pit bull mixed breed in the national dog database. This entry called the cantonal veterinary office on the scene. It confiscated the dog because pit bull mixed breeds are prohibited in the canton of Geneva.
Disproportionate interference with fundamental rights
In its judgment published on Friday, the federal court held that the confiscation of the dog constituted a serious encroachment on the owner's guarantee of ownership. There is a formal law that prohibits this type of dog. There is also a public interest in protecting the public.
Rehabilitation for vicious four-legged friends:
However, according to the Federal Supreme Court, the principle of proportionality has been violated. Any interference with fundamental rights must always be as mild as possible. And the federal court considers the man's proposal to bring the dog back to Portugal less harsh than the confiscation. There he is supposed to live with the owner's mother.
According to the Federal Supreme Court, this would not only put an end to the animal's illegal stay in Geneva. The Portuguese also have the opportunity to see their dog again. However, the veterinary office must ensure that the mongrel is actually brought back to Portugal.
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