Press Release: Ombudsman: Commission has to properly examine Austrian ban on wild animals in circuses

The European Ombudsman, P. Nikiforos Diamandouros, has called on the European Commission to evaluate whether the Austrian ban on wild animals in circuses is proportionate. This followed a complaint from the European Circus Association alleging the Commission did not properly handle its infringement complaint against Austria. According to the Association, the ban is contrary to the free movement of services in the EU. The Commission decided to drop the case on the grounds that national authorities are best placed to decide on matters of animal welfare. During his investigation, the Ombudsman concluded that, although national authorities are entitled to a wide margin of discretion, the Commission cannot abdicate its supervisory role as regards the free movement of services. He called on the Commission to evaluate the Austrian authorities’ position and either pursue infringement proceedings against Austria or give valid reasons for not doing so.