Case note: ECLI:NL:RVS:2022:2557

Rav emission factors (for dairy housing systems) not usable in preliminary assessment or appropriate assessment for nature permit (Natura 2000, Habitat Directive). In case note the authors write inter alia: "In itself, in view of the said provision, it is understandable that the Provincial Executive may assume that the use requirements in the leaflet are complied with. However, if use and maintenance "in accordance with the conditions necessary for the proper functioning of the housing system" is very labour-intensive or expensive, or even worse, illusory, the question could arise whether non-compliance is not already "ingrained" in the housing system in question. More often in nature conservation law, one gets the feeling - rightly or wrongly - that the paper reality does not always match the effects on nature. Nevertheless, in other rulings, in slightly different contexts, the criterion that compliance with regulations seems to be an enforcement issue unless a regulation "must be deemed not to be enforceable at all." See, on a zoning regulation, e.g. ABRvS 21 February 2018, ECLI:NL:RVS:2018:596. So things are apparently not that bad with the barn system from the ruling."