A red pepper grower who had to cull his crops in 2012 following the discovery of the pepper weevil in his greenhouse is entitled to a higher compensation than what the minister has been willing to pay so far. At the time of the discovery, two growing cycles were overlapping.
The grower seeks a higher compensation for the year 2012 and also compensation for the damage amount for the 2013 season. The minister refuses this. On the one hand, he cites the dissolution of the Horticultural Board, claiming there would be no funds available, and on the other hand, other growers who suffered damage in 2012 for the 2013 season also received no compensation.
The Administrative High Court for Trade and Industry ruled yesterday in the case between the grower and the Ministry of Agriculture, Nature, and Food Quality. In it, the grower, who has been engaged in a legal battle over the issue for some time, was vindicated.
At the time of the infestation that affected many growers, the minister promised to compensate 25% of the damage. The minister counted on the establishment of a plant health fund from which another 25% would be paid. After the Horticultural Board was dissolved on January 1, 2015, the minister still promised a 50% damage compensation. However, the grower did not receive this compensation.
Subsequent Damage
The grower was entitled, based on communications from the ministry, to trust that he would receive a compensation of 50% of the damage, as ruled by the judge. The judge also agreed with the grower's standpoint that compensation for damage for the 2013 season also falls under the minister's responsibility. Furthermore, the judge pointed out that compensation for young plants was awarded in 2012, from which subsequent damage for a following growing cycle could also be inferred.
The judge demands that a new decision on the compensations be made within eight weeks after the ruling on March 12. The grower is also given the opportunity by the Court to submit a written view on how the identified defects by the minister have been rectified.