Apparently the judge bought the argument that Morgan is being used for research and education. Guess he or she has never been to a Loro Parque Orca Ocean show. I have, and what amazed me was that there was not a single fact about wild orcas in the show. Not one.
According to this story (and Google Translate):
Relocation orca Morgan not unlawfully
AMSTERDAM – The relocation of orca Morgan of the Dolphinarium in Harderwijk to Loro Parque, a park in Tenerife, was not unlawful.
That the court in Amsterdam Thursday determined. The case was brought by the Orca Coalition, an alliance of animal activists, who wanted the animal in nature would be released.
Morgan was severely weakened in 2010 found in the Wadden Sea. The animal was brought to the Dolphinarium to recover. In 2011 it was announced that Morgan to Loro Parque in Tenerife should move, where all five other killer whales lived.
Then State Secretary Henk Bleacher gave a permit for the removal of Morgan to Tenerife. This was according to the Orca Coalition never happen.
The permit should only be issued if the goal was their research or teaching was that the protection or conservation of the species was intended. This is according to the court case. The park on Tenerife conducts research and performs an educational function, the judge said.
The Court sees no reason to believe that the welfare of Morgan danger in Tenerife. The Orca Coalition may, if they disagree, a case in Spain started.
PLUS: Comment from The Blackfish.