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Morgan Verdict 21 November 2011

Morgan Verdict 21 November 2011

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Published by Tim Zimmermann
The Dutch court's decision allowing Morgan to be transported to Loro Parque.
The Dutch court's decision allowing Morgan to be transported to Loro Parque.

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Published by: Tim Zimmermann on Nov 22, 2011
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05/02/2012

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 AMSTERDAM COURT Administrative Sectorruling of the courtIn cases References: BESLU AWB 11/5033 (provisional)BESLU AWB 11/5035 (provisional)between:The Black Fish Foundation,established in Amsterdam,Dolphin Motion Foundation,located in Nijmegen,First Sea Foundation,located in Breda, An Animal Foundation A Friend,established in The Hague,applicants,authorized Mr. M.F. Vineyards,andThe Minister of Economic Affairs, Agriculture and Innovation,defendant,authorized Mr. J.E.W. Tieleman. Also has participated as a party to the dispute:The private company the Dolphinarium Harderwijk BVlocated in Harderwijk,authorized Mr. D. Nas.
 
In the case of procedure number: 11/4982 BESLU AWB (request to lift the interim injunction)between:The private company the Dolphinarium Harderwijk BVlocated in Harderwijk,applicantauthorized Mr. D. Nas.andThe Minister of Economic Affairs, Agriculture and Innovation,defendant,authorized Mr. J.E.W. Tieleman. Also has participated as a party to the dispute:The Black Fish Foundation,established in Amsterdam,Dolphin Motion Foundation,located in Nijmegen,First Sea Foundation,located in Breda, An Animal Foundation A Friend,established in The Hague,authorized Mr. M.F. Vineyards,ProceedingsThe Black Fish Others (hereinafter: the Orca Coalition) have two separate requests to take a provisional. These requestsare related to the individual applicants submitted appeals against the decisions of OHIM of 12 October 2011 (the
 
contested decision).
 
Dolphinarium Harderwijk BV (Hereinafter: the Dolphinarium) also requested the removal of the temporary provision that
 
the court, by order of August 3, 2011, with registered BESLU AWB 11/3640, are made.The judge hearing the application is treated on November 7, 2011. Appeared:- The agent of the Dolphinarium;- On behalf of the Dolphinarium Mr. [Director Dolphinarium] (director of the Dolphinarium), Mr [vet Dolphinarium]
 
(veterinarian at the Dolphinarium), Mr. E. Philippi, and Gho [expert Loro Parque] (expert from the Loro Parque).- The agent for the applicants,- On behalf of the applicants Ms [chairman Orca Coalition] (President of the Orca Coalition), Mrs. [orca expert] (orcaexpert) and Ms [Chair Free Morgan Foundation] (President of the Free Morgan Foundation), the last two people assistedby Mrs. PJ Miller, English interpreter;- The agent of the defendant;- On behalf of defendant Ms. J.H. Verheul, Verkaik, Mr.[A person] and Mr. [person 2].Considerations1. Pursuant to Article 8:81 of the General Administrative Law Act (AWB), the judge whether urgency, given the interestsinvolved, the taking of interim relief pending the outcome required by the standard procedure. With the requisiteinterests involves a balancing of one hand the interest of the petitioner that an immediate, and secondly it is affected by
 
the immediate implementation of the decision to be important.2. facts and circumstances2.1. Morgan, a young orca, on June 23, 2010 severely weakened found in the Wadden Sea. The Dolphinarium, Morgancaught and they still reside there.2.2. The Orca Coalition on December 17, 2010 with the defendant a maintenance request because it considered andthat the Dolphinarium in breach of any of its exemption granted under the Flora and Fauna and international
 
commitments, as the Dolphinarium has decided for Morgan to return to the wild, but to transfer to Tenerife LoroParquo. This decision of the Dolphinarium is based on the report expert advice on the releasability of the rescued killer
 
whale (Orcinus orca) Morgan of November 14, 2010. Orca Coalition was and is with this decision and the underlyingreport disagree, because it believes that there are still good opportunities for Morgan to return to its naturalsurroundings and is therefore referred to the advice of The Free Morgan Expert Panel on November 3, 2010.2.3. Respondent has refused to request enforcement of the primary decision

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