Compassion in World Farming has today (23 January) welcomed the decision of the Court of Justice of the European Union to allow major NGOs to join its landmark legal action, but described the rejection of other NGOs as ‘short-sighted’.

The decision shows that Eurogroup for Animals, Animal Equality and LAV successfully persuaded the court that their activities would be negatively impacted by the European Commission’s failure to publish the proposals to deliver the ban on caged animal farming by the end of 2023 as promised. As interveners, the NGOs now have the opportunity to present more detailed arguments to the Court explaining the detrimental consequences of this failure.

Yet applications from The ECI Campaign and foodwatch to become interveners on the grounds that democracy, consumer protection and food security would be negatively impacted were rejected by the Court with the decision described as ‘short-sighted’ by the EtCA ECI Citizens’ Committee.

Launched by the Citizens’ Committee in March this year, and spearheaded by Compassion in World Farming, the EtCA legal case is the first to hold the Commission to account over its failure to act on an ECI. If successful, the Commission would be compelled by the Court to establish a clear and reasonable timescale to bring forward the legislative proposals, and to grant access to its file on the EtCA ECI.

In documents explaining the decision, the Court argued that:

• activities solely related to environmental protection are not sufficient to allow NGOs to become interveners; it also dismissed the claim that the Commission’s failure to act raises fundamental questions about the effectiveness of the ECI, a tool habitually used to promote environmental protection;
• activities focusing on the promotion of democracy and the European citizens’ initiative in particular were not sufficiently related to the subject of the action to allow NGOs to become interveners;
• activities related to consumer protection were too broad to justify participation of consumer NGOs as interveners.

The NGOs also requested access to the Commission’s file on the EtCA ECI, but all were rejected. In response, foodwatch and The ECI Campaign have vowed to continue their public campaigns in support of the action to ensure the Commission delivers on its promise.

Annamaria Pisapia, Head of Compassion in World Farming Italy and spokesperson for the Citizens’ Committee of the EtCA ECI, said:

“We welcome the decision to allow Eurogroup for Animals, Animal Equality and LAV to join the End the Cage Age legal case to hold the European Commission to account over its failure to deliver the proposals to ban caged farming by the end of 2023.

“Yet, we deeply regret the short-sightedness shown by the Court in rejecting the ECI Campaign and foodwatch, as it wrongly suggests that the Commission’s failure to end the suffering of millions of animals confined in cages will have no bearing on democracy, consumer protection and food security, when there is strong evidence to the contrary.”

An overwhelming 89% of EU citizens – around 400 million people – believe animals should not be farmed in individual cages. This view was echoed by the consensus found in the Strategic Dialogue report, which calls for the proposals to ban cages to be published by 2026 at the latest.

Yet, across Europe, around 300 million pigs, hens, rabbits, ducks, quail and geese still spend most of their lives in cages every year. Animals kept in cages are often confined in barren environments, either overcrowded or completely lacking social contact, unable to turn around or express even the most basic behaviours.

Supporters are being urged to back the legal action by sharing posts about the case on social media tagging the European Commission and Commission President Ursula von der Leyen.