Milieudefensie et al v. Province Drenthe

LEE 19/1028
March 31, 2018
Final judgment
Netherlands, Groningen

Environmental NGOs
Milieudefensie
Provincial Executive of the Drenthe Province
No description

Administrative
Not specified
Take enforcement measures against "the preparation and cultivation of lilies in the immediate vicinity of the Natura 2000 area Holtingerveld".
Court of the Northern Netherlands, Administrative Law Division of Groningen, Netherlands

June 18, 2021
Positive
Declares the appeal well-founded; Annuls the contested decision; Decides that the defendant makes a new decision on the opposition, taking into account the considerations contained in this decision; Orders the defendant to reimburse the plaintiff the paid legal costs of €354.

On March 31, 2018, Milieudefensie requested the province of Drenthe to take enforcement measures against "the preparation and cultivation of lilies in the immediate vicinity of the Natura 2000 area Holtingerveld", associated with groundwater extraction, drainage, watering and excessive use of pesticides. This application is denied on 7/17/2018 and again on 7/2/2019. Milieudefensie is appealing this decision. On 6/18/2021, the Court of the Northern Netherlands declares the appeal well-founded; annuls the contested decision; decides that the defendant makes a new decision on the opposition, taking into account the considerations contained in this decision; orders the defendant to reimburse the plaintiff the paid legal costs of €354. It considers that the cultivation of lilies in the vicinity of Holtingerveld must be considered as a project falling under article 2.7 of the Wnb and that there is no question of continuing an existing project. It must be assessed whether this project may have significant consequences for the Holtingerveld.