Wakker Dier Foundation v the Minister of Agriculture, Fisheries, Food Security and Nature

Angie Van Dijk May 2025

ECLI:NL:CBB:2025:79

18 February 2025

https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:CBB:2025:79

Factual background

In the Netherlands, broiler and layer chicks are born in hatcheries, in large incubators that only open after the vast majority of chicks have hatched. The time between the hatching of the first and last chick (the hatching window) can last up to 48 hours. After this, the animals are selected, vaccinated, and transported. Most chicks are only given food and water upon arrival at the barn. As a result, many chicks are deprived of food and water for up to 72 hours. Wakker Dier is of the opinion that this causes unnecessary suffering because the animals are hungry, thirsty, and show higher mortality rates. In 2013, Wakker Dier filed a request for enforcement action against this animal-unfriendly procedure at the regulator. The regulator dismissed the enforcement request.

In 2018, the highest administrative court confirmed that research shows that chicks should have access to food and water within 36 hours after hatching and ordered the regulator to take a new decision on Wakker Dier’s enforcement request. 

In the new decision, the regulator stated that broiler chicks should have access to food and water within 36 hours and granted the industry five years to terminate this violation. For layer chicks, the regulator argued that, because of their different physiology, they have different food and water needs, and that, therefore, the 36 hours do not apply.

Wakker Dier appealed this decision (mostly because of the long compliance period and the refusal to enforce it at the laying-hen hatcheries).

In the subsequent ruling, the court agreed that (i) for broiler chicks, the compliance period was indeed too long and that (ii) the regulator should carry out research to figure out the real food and water needs of laying hen chicks. 

This was a rare moment in which a court ordered a regulatory body to do research because it was unclear how an open norm should be specified. In short, the regulator was ordered to carry out research into the food and water needs of laying hens and to take a new decision on the broiler-chicken hatcheries. 

This research into the food and water needs of laying hens is ongoing and will most likely be finished by the end of the year. In the new decision (May 2022) on broiler chickens the regulator shortened the compliance period to nine months. Also, it decided to change the norm in such a way that broiler chicks should have access to food and water 36 hours after hatching or 6 hours after opening the incubator. The addition of 6 hours seemed to be in conflict with the 2018 court ruling, because this would entail that some chicks will be deprived of food and water for more than 50 hours. Wakker Dier appealed this decision in July 2022 and the court hearing took place in November of 2024. 

The Law

The relevant Dutch act is: Wet dieren

Article 2.1 sub 1 states: 'It shall be unlawful to cause pain or injury to any animal or to adversely affect the health or welfare of any animal without reasonable purpose or in excess of what is permissible for the attainment of such purpose.' This article was introduced in 1996 (in article 36 of the GDWW), so prior to the publication of Directive 98/58.

Article 2.2 sub 8 states: 'The keeper of an animal is prohibited from depriving an animal of the necessary care.' Whilst these provisions existed prior to Directive 98/58, they are treated as implementation of relevant provisions in that directive, primarily Article 3. 

Finding

During this hearing, the regulator emphasised that it was impossible for them to enforce the 36-hour rule because they cannot know when the first chick hatches. This is in part true, because the incubators are closed systems, that are only opened when the vast majority of chicks have hatched. When chicks start hatching, there is an increase in humidity. But this increase will only be picked up by sensors when around 10-20% of the chicks have hatched. The hatcheries, together with the regulator, were able to convince the court that it is impossible to know exactly when the first chick hatches and that therefore it is impossible to enforce the 36-hour rule.

In its most recent and final ruling in March 2025, the court upheld its norm that chicks should have access to food and water within 36 hours, but accepted the arguments of the regulator (that this was impossible to enforce) and therefore allowed the additional 6 hours. The court also ruled that if new technology becomes available that would allow the regulator to determine the start of the hatching window, the regulator should incorporate this in its enforcement policy. 

Commentary

While the last ruling is quite disappointing, Wakker Dier is awaiting the conclusions of the research into the food and water needs of laying hens. This research includes more parameters than mortality, it also considers hunger, thirst, and other welfare parameters. Wakker Dier is hopeful that these conclusions will be more clear than older research that the court has used so far and that it will be useful for advancing welfare for both laying hens and broiler chickens. Wakker Dier will decide on the strategy after the research is finished.