On Wednesday 26 July, the court in The Hague was dominated by more than 300 farmers. The summary proceedings about the phosphate reduction plan were especially important to them. However, this did not immediately result in a verdict on Wednesday.
The summary proceedings of Wednesday 26 July were initiated as a result of the summary proceedings that were initiated on May 4 was won by a group of dairy farmers. According to the court, this group was financially disadvantaged by the scheme.
This group is also disadvantaged
Marieke Toonders, Linssen CS lawyers, expects that the phosphate reduction plan will also be partially suspended for this group. "The requirements for this group and the group of dairy farmers who won on May 4 are similar. I question the levies currently being imposed in the system."
The dairy farmers, who came forward in summary proceedings on Wednesday, have entered into irreversible financial obligations. This with a view to a growth of the dairy herd. However, they had not yet reached that growth on 2 July 2015 (reference date). According to the dairy farmers, these animals are necessary to make their investments profitable and to meet their financial obligations.
According to Toonders, this means that these farmers are also financially disadvantaged by the phosphate reduction plan. The companies also acted within the regulations in force at the time.
Reactions from the hall
A cattle farmer from Gelderland stopped his business 10 years ago. His son was still too young to take over the business at the time, but he is happy with it now. "On 2 July 2015, we had 2 LUs. At the start of the phosphate reduction plan, we had 70 dairy cows and 67 hectares. Our company is land-bound and also has the necessary permits for this number. However, our company must return to the reference number of July 2, 2015. I can't believe that."
Another attendee had purchased 2015 hectares of land in February 18. He entered into financial obligations with the purchase of this land. "And yet I am currently not allowed to keep the number of cows on that ground."
Deferral
The state has proposed that deferral of payment be granted, provided the 'light test' is met. This means that RVO assesses on a case-by-case basis whether the claimant is land-bound and whether it has entered into financial obligations before the reference date. Anyone who has indicated that he or she is a bottleneck will have to deal with this 'light touch'.
No final decision yet
The two parties have not reached an agreement between themselves and it has therefore been determined that the court 9 August will rule on the summary proceedings.
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