The Court of Appeal of Arnhem Leeuwarden thinks the total ban on pesticides on a plot near Boterveen of grower Joling goes too far. Nevertheless, the judge is somewhat accommodating to the concerned local residents. This appears now that the complete judgment on the use of plant protection products has been published.
Two weeks ago, the Court of Appeal already ruled in emergency proceedings that Joling can continue with four (of the permitted forty) means. The grower was in a hurry, because his harvest was in danger of failing after an interim judge in Assen had banned all substances on the plot in Boterveen. Local residents had filed suit because they fear that the substances that Joling wants to use will affect their health.
Court of Appeal critical of judge in summary proceedings
It is written in legally impeccable language, but you can actually say that the Court of Appeal is quite critical of the judgment of the judge in Assen in the judgment published this week. The court finds that ‘in this case there is no reason to ban all pesticides. This is because this grower has already taken many measures to limit the consequences for local residents and because the Health Council and RIVM have not recommended a ban. They recently did research into the connection between pesticides and diseases such as Parkinson’s. This study found no association.
Joling can continue with this verdict. He previously stated in this newspaper that he thinks he can limit the damage to his harvest with the four now permitted substances. After the verdict, local residents expressed relief that the ban will continue to apply to 90 percent of the permitted plant protection products.
The Court seizes Joling’s offer to finish the season with four of the forty permitted substances and now allows it. It is not clear from the judgment why the other permitted substances remain prohibited. For this, a substantive procedure is being conducted. Before the final verdict is passed in this procedure, the lilies growing this year in Boterveen have already been harvested for a long time.