The Circus Krone wins the case against the City of Luxembourg - Cancelled the ban circus animals from the local authority

The Luxembourg Court of Appeals upheld a decision of the courts this month low grade that the City of Luxembourg has no authority to ban circuses with animals. This takes away the refusal by the mayor against the circus most of Europe, and opens the possibility for Luxembourg to visit the circus again, and they enter in close contact with animals.
The ban was imposed by the City of Luxembourg in 2009 when he refused to consent to perform the Circus Krone in town "on the basis of animal welfare considerations. " The Circus Krone brought to court, the case, arguing the illegality under Luxembourg law and the violation of guarantees of freedom of movement and provision of services of the European Community.
The Administrative Court has set September 29, 2010 that local authorities have no power to regulate matters within the province of national law. For the Luxembourg law authorized the traveling circuses from their country of origin are free to present shows in Luxembourg. The Court also ruled that the city could not base the rejection on its police powers. These powers can be invoked only in "extraordinary circumstances"to establish public order. The court held that there was no evidence that the circus can cause trouble and that a refusal could not be based on those reasons.



Confirming the decision of the Administrative Court, the ruling of the Court of Appeals 10 March 2011 stressed that even the public disturbances caused by animals or Protestant would not justify a ban on animals in the circus. The Court of Appeals also ordered the city to pay most of the costs of the case.
"This case confirms that the circus, like all other migrant workers have the right to live and work in the entire European Union. The Luxembourg law explicitly allows the circus to perform in Luxembourg on the basis of permits of other members, "said Laura van der Meer, Representative of the European Circus Association (ECA) in Brussels. He also pointed out that the ruling is consistent with the European Parliament's 2005 resolution that recognizes the circus, including the presentation of animals as part of European cultural heritage.



This victory for the classical circus is in response to other similar successes. The courts in Europe have made ​​clear that local authorities have the power to prohibit activities that are permitted by law. Courts in Germany, the Netherlands and Italy have canceled the local bans, and other cities in these countries have set aside the prohibitions on the basis of court rulings. In addition, local authorities in England, Northern Ireland, Spain and Ireland have refused to impose restrictions due to lack of legal authority.
The ECA strongly supports regulations on circus animals adapted and applied rigidly. It also supports the creation of a European framework law on animal welfare together with scientific indicators for the promotion of harmonized regulations for all animals that are under the care of humans.

For more information, please contact:

Arie Oudenes, ECA Director, Tel +31 33 455 35 69

Dirk Kuik, Print ECA, Tel +49.172.424.1843 ecapress@europeancircus.info

For more information on the prohibitions of local authorities canceled, see www.europeancircus.info