Our article "Farmer must pay compensation. Neighbors are bothered by smells from the pigsty", telling the story of Szymon Kluka, who was ordered by the court to pay compensation to neighbors because they were bothered by the proximity of a small pigsty, caused a wave of comments. According to Jacek Zarzecki, president of PZHiPBM, this case should be made public and such actions should be enforced that will save both the farm in Grodzisk near Łódź and, in the long run, protect all farmers who conduct normal agricultural activities in accordance with the law.
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Farmer must pay damages. Neighbors are bothered by smells from the pigsty
French replay
– When I heard a few years ago that a cattle breeder in France had to pay his neighbours 8 thousand euros in compensation just because they liked the smell of cows, I did not think I would live to see the day when similar verdicts would be issued in Poland – says Jacek Zarzecki.
The ruling issued by the court in Łódź against Szymon Kluka is a terribly dangerous precedent that could trigger the same wave of lawsuits as in France – adds our interlocutor. – Except that the French stopped this madness with statutory regulations, while in our country the law still does not protect farmers and agricultural production, although according to successive governments, the country's defense and food security should have priority.
A dangerous precedent
– The verdict against the farmer from near Łódź has serious consequences for every type of agricultural production and everyone should be made aware of this – says Zarzecki.
– It must be emphasized that this farmer conducts production in accordance with the law, so he cannot be punished for it. It is a small farm that has been operating there for several generations. People coming from the city and settling in the countryside should be aware that the countryside is used for food production, which means that it does not always smell only of lilacs and violets.
Legal absurdities
– The court should be bound by building regulations, environmental protection regulations, and finally by expert opinions, and not someone's subjective feelings – says Zarzecki in an interview with farmer.pl.
In light of this ruling, no farm in the country is safe anymore, not only those producing livestock, but literally all of them.
The President of PZHiPBM indicates that the ruling of the Łódź court against the farmer from Grodzisk in the Rzgów commune is not supported or justified by the applicable legal regulations.
The operation of a 360-head pigsty cannot be described as an industrial-scale activity, because there is no such definition in Polish law that would allow it. Punishing a farmer with compensation is absurd in the light of the law, but the court's recommendations regarding the conduct of breeding and agricultural production should be called even more absurd and unlawful. After all, we already have regulations specifying when manure can be poured onto the field, when it should be ploughed in. The court cannot tell a farmer when he can take care of animals, or when he can drive machines into the field – rebukes the president of the industry association.
Quick action needed
– If we do not help this farmer from near Łódź now, we may all regret it – warns Jacek Zarzecki.
That is why I believe that all industry organizations should unite around this matter. The farmer from near Łódź cannot be left alone, this madness must be stopped. This matter cannot end like this, everything must be done to bring about the annulment of this verdict – appeals the head of PZHiPBM. – Szymon Kluka wants to be offered all possible assistance from the federation, e.g. legal assistance.
– I also believe that in the face of such decisions in the Polish judiciary, we need to increase pressure and actions to finally develop legal regulations that will actually protect Polish farms and agricultural production in the countryside, because if not there, then where will we produce food? – asks the head of the cattle breeders' association. – An agreement above divisions is needed here, especially between politicians, because agriculture must finally be guaranteed security – he adds.
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