The ruling in the appeal, filed by former State Secretary Martijn van Dam, against the court's decision on the phosphate reduction plan is expected on October 31. The hearing took place on Monday, September 18.
The phosphate reduction plan was born on May 4 suspended by the preliminary relief judge for 52 dairy farmers. The State appealed against this.
Foreseeability up for discussion
According to Marieke Toonders, lawyer at Linssen cs Lawyers, few new cases were reported during the session on September 18. Foreseeability was discussed. The dairy farmers indicated that the scheme was not foreseeable. They have in fact invested on the basis of the existing 'Land-bound Growth Act'. Eventually they were prevented from keeping the extra animals.
The State indicates that the dairy farmers could have foreseen this coming. They knew that the phosphate ceiling was being exceeded and they expanded after all.
Good foundation
The preliminary relief judge in The Hague has ruled that the Agriculture Act does provide a good basis for the regulation. Toonders: "We have again indicated that this cannot serve as a legal basis for the phosphate reduction plan."
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