Question juridique clé
Whether the duty of the authority to intervene immediately under Art. 25(1) TSchG is defined with sufficient precision for criminal enforcement.
Solution extraite
The provision is too vague to satisfy the legality principle and does not permit criminal punishment on its own.
Motifs extraits
The distinction between ordinary and completely improper animal keeping, and between neglect and serious neglect, is unclear; the statutory criteria do not allow predictable application in criminal law.