Diederik Schrijvershof and Judith Jansen appealed on behalf of Fransen Gerrits B.V. and P. Bos Mengvoeder en Kunstmesthandel in proceedings concerning the ministerial buy-out schemes in livestock farming. These buy-out schemes provide for a voluntary, final and irrevocable liquidation of farmers of pigs, dairy cattle veal calves, chickens or turkeys (see e.g. here, here and here). Its main purpose is to reduce nitrogen and greenhouse gas emissions. Cattle farms that are voluntarily bought out under the schemes receive generous compensation for this. The State of the Netherlands has funded this, according to the former Minister of Nature and Nitrogen, 'wildly attractive scheme' with more than four billion euros.
According to cattle feed producers, they are unjustly not included in the compensation that the government does offer to cattle farmers (who also produce cattle feed themselves). Indeed, due to the shrinking livestock population as a result of the buy-out schemes, a large part of their sales is disappearing. As a result, they suffer significant losses. The cattle feed producers invoke, among others, the principle of equal distribution of the public burden (also known as égalité principle). As the State does not offer any compensation to cattle feed producers, they are disproportionately affected by the consequences of the arrangements compared to parties who are compensated.
Maverick Advocaten assists (cooperatives of) farmers, market gardeners and food companies on a daily basis in the field of European and Dutch competition and food law. Among other things, Maverick advises on the application of European law in sustainability payments (see here), labelling (see e.g. here), recalls (see e.g. here), NVWA inspections, sustainability/health claims and unfair trading practices in agriculture (UTP Act, see here). Maverick Advocaten also regularly assists companies in legal proceedings against the NVWA/State, such as fine and recall cases (see e.g. here). For all information on an NVWA dawn raid, see invalnvwa.nl or watch the video briefing with practical tips.
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