A seriously injured cat has shaken up the world of Swiss law. In 2022, the police were notified that the cat, in very bad shape, was lying near a bus stop in a town in the canton of Solothurn. Agents then took the animal to a clinic, which was able to save it, at a cost of 3,321 francs. The kitten, aside from her injuries, was well fed and cared for, suggesting she had an owner, but was not wearing a chip or collar. The cat’s owner was nowhere to be found.
The clinic, defended by law professor Bruno Mascello, also vice-president of the animal protection organization NetAP, then attacked the town. Since her police brought the animal in, forcing her to perform the rescue, which she pays for.
The Federal Court has just ruled, as the “Tages-Anzeiger” noted on Thursday. For this one, no, it is solely the owner’s responsibility to pay. And if the clinic can’t find him, too bad for them. But making the municipality and the community pay, no question. “There is no provision in federal legislation or in cantonal law which would provide a fallback solution in the event of an unknown owner,” he notes. The master remains responsible, “even if the treatment is ordered by the authorities”.
In short: “there is no legal basis for the costs to be borne by the community”. The clinic has it in its bones: in addition to not being able to be reimbursed for the operation, it suffers 2,000 francs in legal costs. The NetAP association indicated on social networks that its lawyer chose to assume the costs privately. And so that the story ends on a good note: we also learn that the cat, named Brombeeri “(Little Blackberry)”, “is today a loved and happy cat in a new home”.
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Towards an obligatory flea for cats
The lawyer fears that clinics or veterinarians will now give up saving cats with unknown owners so as not to have to bear the costs. The story revives the debate on cat chipping. Green national councilor Meret Schneider tabled a motion in December to make it mandatory. Because you should know that unlike dogs, there is no registration or chip requirement for cats today and only a third of them are chipped. However, more than 10,000 little felines go missing every year.
