In early 2024, Dryade, together with thirteen residents of intensive livestock farms, summoned the Flemish government for its failing odour policy. The court of first instance rejected this request.
The residents and Dryade asked the judge to establish that the inadequate protection against odour nuisance constitutes a violation of their fundamental rights, namely the respect for their enjoyment of living and their right to family life. They demanded that the government be ordered to take appropriate measures to address the odour nuisance issue.
Flemish odour policy is not unlawful
The Brussels court of first instance ruled that the Flemish government has not made a mistake and has indeed developed an adequate odour framework. The court essentially refers to several general (non-odour related) legal instruments, such as good spatial planning and the requirement for environmental impact assessments. Consequently, according to the court, there is no violation, and the request for appropriate measures is rejected.
Limited adjustment of the odour policy
In 2024, a few months after the summons from the residents and Dryade, the Flemish government issued a “Revised assessment of odour nuisance from livestock farms” This adjustment was made to remedy a number of illegality issues in the odour framework. “These adjustments were a step in the right direction, but still provide far too few guarantees to respect the fundamental rights of the local residents. Therefore, we have continued this procedure. Unfortunately, without success. We will analyse the ruling and will continue to strive for a healthy living environment”, says Elias Van Marcke, lawyer at Dryade.