Uitspraak Nº 18/666. College van Beroep voor het bedrijfsleven, 2020-04-28
Court | College van Beroep voor het bedrijfsleven (Nederland) |
Docket Number | 18/666 |
ECLI | ECLI:NL:CBB:2020:311 |
uitspraak
COLLEGE VAN BEROEP VOOR HET BEDRIJFSLEVENzaaknummer: 18/666
(gemachtigde: mr. R.A.M. Verkoijen),
en
(gemachtigde: J. Blaauw)
en
Bij besluit van 13 januari 2018 (het primaire besluit) heeft verweerder op grond van artikel 23, derde lid, van de Meststoffenwet (Msw) het fosfaatrecht van appellante vastgesteld.
Bij besluit van 28 maart 2018 (het bestreden besluit) heeft verweerder het bezwaar van appellante ongegrond verklaard.
Appellante heeft beroep ingesteld tegen het bestreden besluit.
Bij besluit van 16 oktober 2019 (het vervangingsbesluit) heeft verweerder (naar het College begrijpt) het bestreden besluit ingetrokken en het bezwaar andermaal ongegrond verklaard.
Verweerder heeft een verweerschrift ingediend.
Beide partijen hebben afgezien van de zitting. Het College heeft vervolgens het onderzoek gesloten en bepaald dat er uitspraak zal worden gedaan.
Relevante bepalingen
Ingevolge artikel 23, derde lid, van de Msw stelt de minister het op een bedrijf rustende fosfaatrecht per 1 januari 2018 vast in overeenstemming met de forfaitaire productie van dierlijke meststoffen in een kalenderjaar door melkvee dat op 2 juli 2015 op het bedrijf is gehouden en geregistreerd.
Het recht op eigendom is neergelegd in artikel 1 van het Eerste Protocol bij het Verdrag tot bescherming van de rechten van de mens en de fundamentele vrijheden (EP). Het verzekert het recht op het ongestoord genot van eigendom, maar tast op geen enkele wijze het recht aan dat een Staat heeft om die wetten toe te passen die hij noodzakelijk oordeelt om het gebruik van eigendom te reguleren in overeenstemming met het algemeen belang.
Feiten
2. Appellante exploiteert een melkveebedrijf en beschikt sedert 6 mei 2015 over een vergunning op grond van de Natuurbeschermingswet 1998 voor het houden van 350 melk- en kalfkoeien en 181 stuks jongvee. Op 2 juli 2015 hield appellante 208 melk- en kalfkoeien en 149 stuks jongvee (91 kalveren, 58 vaarzen).
Besluiten van verweerder en omvang van het geschil
Verweerder heeft het fosfaatrecht van...
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