This is because a judgement in a civil action is only binding on the parties concerned in the specific case.
– The legal effect concerns the Norwegian Kennel Club (NKK), the breed clubs and six named breeders. This means that breeders that are not affiliated with the NKK and the breed clubs can continue breeding as before without breaking the law. For the breeding ban to apply to these individual breeders too, each of them must be taken to court and held liable, says Hilde Engeland, lawyer for the NKK.
What is different about the situation before and after the judgement is the lack of overview, control and health requirements for breeding, as it is only the most responsible breeders who are affected by the judgement pronounced by Oslo District Court.
A crisis for dog welfare
– It’s detrimental to dog welfare that the people working systematically with specialists and research institutions to ensure that breeding goes in the right direction are affected by the breeding ban, while those who do nothing to ensure that the breeds are in good health can continue to breed and sell dogs as before, says Tom Øystein Martinsen, chair of the executive board of the Norwegian Kennel Club.
The breeders who have collaborated with the NKK and observed the breed club’s rules are the best in the country when it comes to the job of ensuring that dogs are fit and healthy. The judgement from Oslo District Court also emphasises this.
– It’s ironic that a legal action intended to improve dogs’ welfare has been brought against the ones that have done by far the most to improve dogs’ health. Now we’re seeing the consequences of this, says Martinsen.
The NKK advises against breeding
Even though it is still permitted for anyone else to breed English Bulldogs and Cavalier King Charles Spaniels, the NKK wants to make it clear that they do not recommend that breeders continue breeding these two dogs for the time being.
Nevertheless, the NKK expects that the demand for unregistered dogs will increase as a result of the judgement. This will in all probability have a very negative impact on dog welfare.