Judith Jansen and Cyriel Ruers represented a veal farmer in an appeal before the Trade and Industry Appeals Tribunal (“CBb”). It concerned an appeal by the Animal Law Foundation against the rejection by the Minister of Agriculture, Fisheries, Food, Security and Nature (“the Minister”) of an enforcement request against the veal farmer. The veal farmer participated in the proceedings as a third party.
The Animal Law Foundation requested that the Minister enforces against the veal farm because animals were kept there on wooden slatted floors. According to the Foundation, wooden slatted floors were prohibited. The veal farmer disagreed. In response, supervisors from the Netherlands Food and Consumer Product Safety Authority (“NVWA”) conducted an inspection at the veal farmer's farm. They found that the veal farmer's wooden floors met all legal animal welfare requirements and were not harmful to animal welfare. Based on these findings, the minister rejected the enforcement request.
In the ruling, the CBb ruled in favor of the minister and the veal farmer. According to the CBb, wooden floors are not prohibited under European and Dutch law. Moreover, both the minister and the veal farmer have demonstrated that the veal farmer's wooden floor meets the applicable animal welfare requirements. For example, the floor is sufficiently clean, not slippery and not harmful to the animals. The animals are not disturbed by the floor. This is also evident from the occupational health plan submitted by the calf farmer. The veal farmer's wooden slatted floors are therefore permitted.
Maverick Advocaten assists companies in the agri and food sector on a daily basis (see e.g. here, here and here). For all information on an NVWA dawn raid, see invalnvwa.nl or watch the video briefing with practical tips.
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