Switzerland: Court rejects authorisation for animal experiment with severity degree 3 (zebra finch decision)

In a ruling dated 24 November 2022 (VB.2021.00276), the cantonal Administrative Court of Zurich prohibited an animal experiment of severity degree 3 (most severe experiments) involving zebra finches for the study of neural processes related to bird song. The lower instance, as well as the cantonal Animal Experimentation Commission and the Veterinary Office, had assessed the research benefit based on the knowledge gained from the entire project. The Administrative Court argued that this approach inappropriately weighed the scientific benefit resulting from a chain of animal experiments against the animal suffering associated solely with the disputed experiment. Instead, the balance between the burden and the benefit must be assessed for each specific experiment. The Administrative Court concluded that the scientific benefit of the animal experiments had been overemphasised, thereby outweighing the interest in animal welfare. Consequently, the planned animal experiment was disallowed under Article 19(4) of the Animal Welfare Act (TSchG).