Supreme Administrative Court: a potential threat to health is enough to justify an emergency animal seizure

The case concerned an animal protection organisation that took eight animals (three dogs and five cats) from their owners. The municipality refused to order their temporary removal. The appeals board upheld the seizure of only one dog and one cat in very poor condition, and the Wrocław regional administrative court accepted that ruling.

The NSA disagreed. All the animals were emaciated, had parasites and needed treatment, and they lived in the same conditions under the same carer. There was therefore no reason to limit the emergency seizure to the two animals already near death. A 'threat to life or health' also covers a state that may, though need not, lead to harm, and a later improvement in the animal's condition does not change how the situation at the time of seizure is assessed.

The court overturned the lower court's judgment and the board's decision regarding two dogs and four cats. It also noted that an organisation seizing an animal must promptly notify the local mayor. NSA judgment of 31 August 2026, ref. I OSK 2061/24.