Lily case Limburg shows that all open-field crops can be affected

ARTICLE

POLICY & LEGAL

Manon Botterblom, Monday 25 August 2025

157 sec

Pesticide use under renewed pressure due to recent case law

A recent ruling by the court of appeal in 's-Hertogenbosch is causing unrest in Dutch agriculture and horticulture. A lily grower from Sevenum is not allowed to grow lilies on a plot next to a residential area until the end of 2028, because the use of crop protection products poses health risks to local residents, according to the court.

During a webinar by LTO Nederland and the KAVB it became clear: the consequences of this ruling are not limited to lily cultivation, but can affect all open-field crops - including tree nurseries.

Two main concerns

KAVB chair Hester Maij opened the webinar with two main concerns. First, that a judge can ban products approved by the Ctgb and considered safe under European rules. 'What can a grower still rely on?' she asked aloud. Second, she pointed to political pressure. 'NGOs are well organized and have close ties with parties such as the Party for the Animals. Their aim is not only lilies, but the broader use of crop protection products.'

A judge can ban products approved by the Ctgb and considered safe under European rules: 'What can a grower still rely on?'

Legal interpretation

Lawyer Rico Ligtvoet of Hoogland Advocaten explained during the webinar how the court reached its judgment. The European precautionary principle may not be applied directly between citizens, but can still play a role through civil law. The court imposed a 'heightened duty of care' on the grower: an agricultural entrepreneur is expected to know that products may pose risks to vulnerable groups and that approval procedures have gaps, for example by not accounting for combinations of products.

Broad impact

Although the ruling formally applies only to this plot and this grower, several speakers pointed to its broader scope. 'Other judges will use this ruling,' said Ligtvoet. 'Residents starting proceedings against, for example, a tree nursery can refer to it. That opens the door to more cases.'
Also LTO and KAVB stressed the wider implications. Tineke de Vries, chair of the LTO arable farming group, stated: 'The worst thing we can do now is let sectors be played against each other. This is not only about lilies, it is about all plant cultivation.'

Criticism of the government

Striking was the court's criticism of the government. According to the judge, the Netherlands has not properly implemented the European directive on the sustainable use of crop protection products. Agriculture was granted generic exemptions, while protection of vulnerable groups should have been the priority. The Ctgb also faced criticism for its approval procedure, which does not examine chronic diseases and combination effects.
This criticism led to concerns in the webinar about trust in the system. 'If even a judge says that a grower cannot simply rely on Ctgb approval, legal inequality arises,' said one of the board members.

LTO adviser Daniël Ende urged growers to be smart in choosing plots, to seek dialogue with local residents and not to wait until conflicts arise.

Advice to growers

The webinar also offered practical guidance. LTO adviser Daniël Ende urged growers to be smart in choosing plots, to seek dialogue with local residents and not to wait until conflicts arise. 'If you only respond after receiving a formal letter, you are already in deep trouble,' he warned. He also stressed the importance of good legal expenses insurance and of cooperation through LTO or trade organizations. Communication was also strongly emphasized. According to LTO and KAVB, growers should better demonstrate which innovations are already being used to reduce drift and pesticide use. Examples mentioned included precision spraying and monitoring with spore traps for phytophthora.

Relevance for tree nurseries

For tree growers the message is clear: even though the case concerned a lily grower, the legal reasoning can just as easily be applied to tree cultivation. Trees are often grown close to homes, allowing residents to quickly invoke similar arguments. In addition, municipalities are allowed to set their own rules under the Environment and Planning Act. In practice, this leads to guidelines such as a 50-meter spray-free zone, without always a scientific basis.

Next steps

LTO and KAVB announced during the webinar that they will enter into talks with the Ministry of Agriculture and the Ctgb. They are also considering whether an appeal in cassation or a test case would be useful. 'We only want to take steps that improve the legal position of growers, or at least do not worsen it,' said portfolio holder Ron Mulders.
Within a few weeks another webinar will follow, updating growers on developments. Until then the message remains: stay alert, engage with your community and show that you work carefully.

This article was previously published on 25 August 2025 on the website of Boom In Business.

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