On behalf of almost 500 suppliers of Bel Leerdammer, a lawyer in Biesebeek has ordered an appeal in cassation against a decision of the Court of Appeal in The Hague. The contested decision was made in mid-July, and the appeal in cassation must be submitted to the Supreme Court by mid-October at the latest.
Lawyer Dinant in Biesebeek has high hopes for an ultimately positive outcome. In July the court in The Hague stated to many people's surprise, the membership fee that other milk processors pay - and to which Leerdammer refers the milk price - is not part of the milk price. This ruling was at odds with several previous rulings by judges. Not only in the current case, but also in previous cases. The Court ruled, without further reasoning, that the litigating farmers based their point on incorrect assumptions.
This meant that Bel Leerdammer lost a claim from the group of suppliers worth approximately €50 million, plus 8% annual interest.
Sufficient grounds
Because the statement was so absurd, according to Te Biesebeek, he hired the law firm Pels Rijcken. He has a lot of experience with cassation cases. Pels Rijcken ruled that there are sufficient grounds for a successful appeal to the Supreme Court, after which the order was given to take action.
Together with submitting the cassation request, the complaints must also be formulated immediately before mid-October. Then you have to wait for a hearing and ruling. These can take up to 2 to 3 years.