The controversial dog breeder Jan Paridaans from Eersel does not want to stop his business. He has not yet responded to the ruling of the Council of State that he is not allowed to breed dogs at his address on the Grote Aardweg. The municipality of Eersel has therefore imposed a penalty on him, but so far the breeder has not budged. Will the council get rid of him?
Paridaans has been under fire for years. The NVWA found several times that its dogs are treated badly and confiscated hundreds of dogs, House of Animals has been campaigning for years and the Council of State, the highest judicial body in the Netherlands, ruled that no dog breeding should be established on the Grote Aardweg in Eersel . And yet Paridaans is still there.
The net is closing in on this breeder, says lawyer Rogier Izeboud from Breda. He specializes in environmental and administrative law. “If the Council of State rules that you are not allowed to establish a dog breeding business there, then you have few options left.”
25,000 euros
Paridaans has received a penalty from the municipality of 25,000 euros, 2,500 euros for ten weeks as long as he has not yet closed his company. Such a penalty of 2500 euros has already been imposed five times, but there seems to be no progress.
“Such a penalty is intended as a financial incentive to stop your activities,” explains Izeboud. “Once the maximum of 25,000 euros is reached, the municipality can start collecting the money. And to get that, a bailiff can even seize.”
But if Paridaans chooses to continue with its dog breeding business, the municipality can again impose a penalty. “And it will be a lot higher then,” expects Izeboud. “And I also think they can easily go higher. In my practice I often see much higher amounts than those currently imposed on the breeder.”
As a last resort, the municipality of Eersel can apply administrative coercion, Izeboud knows. “The municipality can then literally lock up the company and thus actively terminate it. And, for example, removing all kinds of stuff and animals.”
Occupation seems hopeless
It is still possible to appeal against the various follow-up steps, but Izeboud considers these attempts to have no chance. “His room to achieve something is legally very small. For example, if he applies for a preliminary injunction to keep his breeding business open, a judge will not easily agree. After all, there is a ruling from the Council of State that he is not allowed to sit there. And if the highest court decides that, then you are done.”
How long Paridaans can stretch also depends on the municipality. “If they decide to impose administrative enforcement immediately after the first series of penalty payments, things can go quickly.”
The municipality of Eersel says in a response that a new penalty will be imposed after the first series of penalty payments.
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