SPANISH COURTS REJECT THE APPEAL AGAINST GRANTING ANCCE THE MANAGEMENT OF THE STUD BOOK
The Spanish courts have put an end to the lawsuit filed by the Unión de Criadores de Caballo Español (UCCE) against the Resolution by the Ministry of Agriculture, Fisheries and Food’s General Breeding Office which granted ANCCE the management and handling of the PRE Stud Book in 2006. After years of repeated court cases to keep this claim open, the Supreme Court (Chamber for Contentious Administrative Proceedings) has given a negative sentence to the appeals presented, just a year ago, by UCCE.
The Ministry of the Environment and Rural and Marine Resources sent ANCCE the Supreme Court sentence dated June 1, 2001 last week. This sentence has rejected all of the allegations presented by UCCE against ANCCE being granted the PRE Stud Book, as was the case with all previous appeals presented by the aforementioned association.
The legal arguments used by the Supreme Court trashed the line of reasoning presented by UCCE, especially those aspects that alleged that ANCCE failed to comply with the requirements demand by the laws of Spain and the European Union to handle the Stud Book. Their reasoning included such arguments as lack of impartiality, representation (of the sector) and the means to undertake this responsibility. “Finally,” the text concludes, “none of the allegation formulated by the suiting party (UCCE) can prosper.”
Thus, the sentence determines that the appointment of ANCCE to handle the PRE Stud Book complies, in full, with the law. This decision is final and no further appeals can be presented.
ANCCE is satisfied with this sentence as it concludes an episode that has been maintained artificially for years and that has served to cause strife and division among breeders. Likewise, it is eye-catching that currently, the UCCE seeks to handle the PRE Stud Book using the same legal arguments that it insistently used to challenge ANCCE. ANCCE would like to inform breeders about the continued intentions of UCCE to create conflict, although to do so, they are incoherent with their own proposals.
For further reading, the entire text is available (in Spanish) at the following link: http://www.ancce.es/documentos/remision_sentencia_y_expediente_m2_eng.pdf