Almost 200 milkers participate in the Bel Leerdammer process

At the end of September, a number of dairy farmers united in a collective. They did not agree with the milk price that Bel Leerdammer paid in the period from 2010 to 2015. The collective has since grown to a group of almost 200 dairy farmers. They now demand payment of the overdue milk money.

The claim is based on the view that the dairy has paid the dairy farmers a lower price than the price that was agreed with them in the first instance. In the period from 2010 to 2015, Bel Leerdammer applied a milk price policy, in which the level of the prices is based on the weighted average at four other dairy processors.

Too little paid
According to the collective, which has launched an investigation, Bel Leerdammer has paid too low a milk price every year. This increases from €0,25 in 2010 to €2,80 in 2015 (per 100 kilos). The annual difference follows from a calculation made by the collective, which is based on the annually paid milk prices of the 4 reference companies and the processed quantities of those companies. The collective's claim now exceeds €10 million.

Since 1 January 2016, Bel Leerdammer has changed its milk price policy. From that moment on, the level of the milk price is based, among other things, on the protein and fat contents, the price of which per kilo is determined on the basis of 'market developments'. Market developments (as a frame of reference) offer dairy farmers little or no guidance. Dairy farmers deliver a high-quality product to Bel Leerdammer, while they do not know in advance what price they will receive.

Position Call Leerdammer
Bel Leerdammer has regularly been called to account for payment of the overdue milk money. There is no substantive response to the letters sent. Although no objection is made to the claims and/or to the calculations underlying the claim, the overdue money is not paid. This without giving reasons.

Now that Bel Leerdammer fails to pay the milk money, the dairy farmers are forced to have their claims established in court. The necessary preparations are now being made for this.

Stopping the statute of limitations
The claims can be nullified by the passage of time (the limitation period is 5 years). A current term can be interrupted. For this, a debtor must be held liable in writing for payment and given notice of default. In view of the fact that their claims are (partly) in danger of being extinguished due to prescription, dairy farmers are made clear in consideration that they should address Bel Leerdammer in writing in a timely manner for payment and not to wait passively for the outcome of pending legal proceedings. For the dairy farmers belonging to the collective, the current limitation period has meanwhile been interrupted by Te Biesebeek Advocaten.

Collective continues to grow
Dairy farmers still register daily with Te Biesebeek Advocaten and join the collective of dairy farmers, which now consists of a group of 179 dairy farmers.

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