Martijn van de Hel and Judith Jansen are assisting a large number of companies in the Dutch meat sector (including slaughterhouses, processors and traders) in settling proceedings over NVWA fees. These cases concern the fees the NVWA charges the meat sector for the intensive supervision (“official inspections”) it performs on companies in this sector.
The meat sector has felt for years that the NVWA has been passing on (far) too many cost items to the business sector. Indeed, under Union law, these fees may not exceed the actual costs incurred in connection with the official controls of fresh meat. Also, the costs must be inseparable from the performance of the official controls. According to the companies, the NVWA fees do not meet this requirement. The companies in the meat sector have therefore lodged (under the auspices of the Central Organization for the Meat Sector, COV) objections and appeals against the NVWA invoices.
Before the Trade and Industry Appeals Tribunal (see here and here) and the Court of Justice of the European Union (see here), the meat sector has already been vindicated several times. In recent years, for example, the minister had to repay the wrongly charged initial training costs and the cost of building up a resilience of CDB. Also, based on the most recent rulings in this case, the minister has wrongly charged a large number of other cost items to the industry (see here). The Minister must therefore review the invoices she sent to business, and refund the fees wrongly charged therein. This the minister has now done in part. Maverick has appealed the revised decisions to the Rotterdam District Court on behalf of a number of companies on the grounds that these refunds are incomplete.
At study afternoon of the Dutch Food Law Association (NVLR) on June 12, 2024, Judith Jansen spoke about this long legal battle she fought with Kenneth Defares. This study afternoon focused on Kenneth Defares' contribution to the development of food law, including the inspection fee case.
Maverick advises food companies on a daily basis in the field of (European and Dutch) food law. In addition to NVWA tariffs, Maverick advises on labeling (see e.g. here), recalls (see e.g. here), NVWA inspections, sustainability/health claims and unfair trade practices in agriculture (OHP Act, see here), among others. Maverick also regularly assists companies in legal proceedings against the NVWA/State, such as fine and recall cases (see e.g. here). Furthermore, Maverick assists food companies with negotiations with retail organizations, among other things.
For all information on an NVWA company visit, see invalnvwa.nl or watch the video briefing with practical tips.
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