WILLEMSTAD – The Gemeenschappelijk Hof van Justitie has once again imposed strict restrictions on a poultry company on Curaçao regarding the storage and disposal of chicken manure, while at the same time ruling that nearby residents may not, for now, collect penalty payments for alleged past violations. The decision was handed down on Wednesday in a long-running dispute over odor and fly nuisance.
In its ruling, the court prohibited J & M Egg’s Farm Moderno from dumping or storing chicken manure or other organic material on its own premises or elsewhere, unless this takes place at a location officially designated by the authorities. Any violation of this order will result in a penalty of 10,000 guilders per incident, with a maximum total of one million guilders.
According to the court, it is sufficiently plausible that the storage and dumping of manure can cause unlawful nuisance to local residents. The measures are therefore intended to prevent further odor and pest problems in the surrounding area.
At the same time, the court placed limits on the actions of residents and a foundation that had previously taken legal action against the company. They are temporarily barred from taking enforcement measures to collect penalty payments for alleged violations that occurred up to August 31, 2024.
The court ruled that these claims must first be examined in separate substantive proceedings. This decision prevents the poultry company from facing immediate and potentially substantial financial claims while the underlying legal assessment is still pending.
With the ruling, the court aims to stabilize the protracted conflict. On the one hand, the company is required to prevent new violations by ensuring that manure is disposed of only through officially approved channels. On the other hand, residents are not yet permitted to collect penalties for earlier alleged infractions until the main proceedings have been concluded.
The judgment means that both parties are now bound by new legal parameters, while a final determination on liability and possible damages remains to be made at a later stage.