Onder 92. Parket bij de Hoge Raad 30 september 2013

The Court observes that the respondent State sought to justify the difference in treatment between small and large landowners by pleading the need to pool small plots of land in order to promote the rational management of game stocks. While accepting that a measure which leads to a difference in treatment between persons placed in comparable situations may be justified in the public interest, the Court considers that in the present case the Government have not put forward any convincing explanation as to how the general interest could be served by the obligation for small landowners only to transfer their hunting rights. At first sight, the rational exploitation of game stocks in a particular municipality is just as indispensable on large properties as on small ones and the Government have not shown the existence of any preponderant interest which could justify use of the criterion of the area of the land as the sole means of differentiation. The Court fails to see what could explain the fact that, in one and the same municipality, large landowners may keep for themselves exclusive hunting rights over their land, particularly with a view to deriving income from them, and are exempted from the obligation to transfer these rights to the community or, not hunting there themselves, may prohibit hunting by others on their land, whereas small landowners, on the contrary, are obliged to transfer the rights over their land to an ACCA.

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