A scientist at the University of Münster should no longer be prohibited from holding and looking after animals for animal experiments. This has been decided by the Higher Administrative Court of Münster (OVG) and thus rejected an urgent decision from the first instance. At least for now, the researcher is allowed to carry out animal experiments again.
The background: In 2017, 36 cages with 77 experimental mice were discovered in the basement of the dermatology clinic, for which there was no approval. Six animals reportedly had to be killed because of their poor condition.
The veterinary authority found "clear symptoms in several mice, indicative of prolonged, significant pain and suffering of the animals". In their opinion, those responsible should have recognized and ended this pain and suffering.
The Office considered that there were serious animal welfare violations in the illegal animal experiments. It filed a criminal complaint against the responsible researcher - and banned her from keeping animals.
The court has now expressed doubts as to the legality of the ban. Responsibility for the poor state of the animals and their suffering was attributed to the city of the plaintiff. Whether this assumption is true, but doubtful and not to be clarified in an urgent procedure.
Controls tightened
It remains unclear whether the researcher should also be cited animal welfare violations. After all, the plaintiff had instructed her staff to inspect the animals daily and to inform about abnormalities in a timely manner. The prognosis of the city that the researcher would continue to break rules was not sufficiently substantiated. The applicant has already conducted many animal experiments, but it was only in 2017, the first complaint.
The judges consider the risk that the plaintiff might violate rules again low. Because: The University of Münster had in the meantime tightened the controls.
The urgent decision of the court is not contestable. Finally, the question must be clarified in a main procedure.