The Dutch Trade and Industry Appeals Tribunal (College van Beroep voor het Bedrijfsleven, CBb) has ruled that the Ministry wrongly rejected an enforcement request submitted by Eyes on Animals concerning injured sows at the Lunteren assembly centre. According to the court, the underlying investigation carried out by the Netherlands Food and Consumer Product Safety Authority (NVWA) was insufficiently thorough.
In 2021, Eyes on Animals recorded video footage of severely injured sows inside a livestock truck parked at the Lunteren assembly centre. The animals were destined for export to slaughter in Germany. When representatives of Eyes on Animals attempted to discuss the situation on site, the owner reacted aggressively. Eyes on Animals subsequently filed a report with the NVWA. When no enforcement action followed, a formal enforcement request was submitted to the Ministry.
This request was also dismissed. The Ministry stated that there were insufficient grounds to take enforcement action against the assembly centre.
The CBb has now ruled that this decision was unjustified. The court found that the Ministry’s investigation was not carried out with sufficient care. In particular, it was not adequately explained how the video footage had been assessed. Given the severity of the injuries, the court noted that it would have been appropriate to involve a (supervisory) veterinarian in the assessment. Relevant reports and documentation were also missing. At the same time, the Ministry acknowledged that there was no doubt that the footage had indeed been recorded at the Lunteren assembly centre.
As the statutory enforcement period has now expired, the assembly centre can no longer be fined. Nevertheless, the ruling is significant. It confirms that reports and visual evidence submitted by non-profit organisations deserve to be taken seriously and properly investigated.
