A 70-year-old man was out walking with his dog in October 2005 when he came upon a bird of prey that had escaped from a local wildlife center.

The eagle attacked his dog and the pensioner beat it back with his walking stick, killing it in the process. Now he could face a fine of 15,000 euros ($19,510).

Judges in Stuttgart ruled the man had been irresponsible in getting so close to the bird and said that as a hunter himself he should have known that the eagle would have regarded the lame dog as prey.

The dog owner said that he regarded his dachshund as one of the family and had been left with no choice, but to save the eight-year-old animal.

The court found the pensioner bears two-thirds of the blame for what happened. By the end of the month, judges are expected to revise a lower fine imposed by a previous court last year.

Wildlife officials on the other hand are also expected to have to pay just over 500 euros in compensation to the pensioner to pay for the treatment of his wounded dog.