News Phosphate rights system
Phosphate objections are a monster job for CBb
The Trade and Industry Appeals Tribunal (CBb) has rejected 6 of the first 7 requests regarding the allocation of phosphate rights. According to the judge, the dairy farmer who did receive the green light had to deal with a 'disproportionate burden'. It will take months to process all objections.
The first decision on the many objections was settled on Wednesday 9 January. These dairy farmers had filed a lawsuit because, in their view, the granting of the phosphate rights violates their property rights.
Green light for mixed company
The company that was successful was a former mixed company. The dairy farmer had disposed of the pig branch just before the reference date of 2 July 2015. As a result, this farmer had less dairy cattle than barn capacity on the reference date. The disproportionate burden was related to a death. the CBb has determined that the minister must submit a proposal for a compensation scheme within 6 weeks.
In the other 6 cases there was a regular business expansion, as a result of which the judge rejected the objection. The book is therefore closed for them, because the CBb is the final judge.
Monster job that takes months
The verdicts of 9 January can be seen as the tip of the iceberg, because hundreds of judgments will follow from dairy farmers who have submitted objections in the coming months. Celeste de Wit, spokesperson for the Judiciary, says that processing all requests is a huge job. "These are almost all individual cases, which means that the statements cannot be combined."
According to De Wit, objections received by the Netherlands Enterprise Agency (RVO.nl) are forwarded to the CBb for individual assessment. "New cases are still coming in every day," says de Wit. She expects that the number will probably rise to more than 1.000 pieces.
The CBb usually makes approximately 1 decisions in 1.200 year, as a result of which the 'phosphate matters' automatically lead to a capacity problem. De Wit says that a special 'Phosphate project' will therefore be set up, about which more will be announced at a later stage. However, according to the spokesperson, it can just take 1,5 years before all matters are settled and the last dairy farmer has clarity.
Click here to see the 7 statements.
Wouter Job
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