EU Court’s Decision to Limit NGOs in Cage-Free Case Raises Concerns Over Democracy and ECI Integrity

The Court of Justice of the European Union (CJEU) has ruled against allowing the Association for the ECI e.V. and Foodwatch to intervene in the legal case concerning the European Commission’s failure to act on the ECI “End the Cage Age” (EtCA). The decision has sparked criticism, as it overlooks the fundamental role of participatory democracy and the integrity of the ECI. Meanwhile, major animal welfare NGOs were admitted as interveners. However, rejecting NGOs from the democracy and consumer protection sectors highlights a narrow interpretation of legal standing in the EU.

The Court rejected applications from the Association for the ECI e.V. and Foodwatch, arguing that their focus on participatory democracy and consumer protection was not sufficiently linked to the legal action. Both organizations had claimed that the Commission’s delay in proposing legislation to end caged animal farming undermines the ECI process and weakens democratic participation in EU decision-making. The Association for the ECI e.V. and the EtCA Citizens’ Committee have criticized the ruling as highly short-sighted, emphasizing that it dismisses the broader implications for European democracy.

“The Court’s refusal to admit the Association for the European Citizens’ Initiative e.V. as an intervener is unjustified. As a defender of the ECI instrument’s integrity, the Association is directly affected by judicial decisions on the ECI process and its governing rules. Its exclusion is a negative signal for the ECI as a legal framework that should empower, not restrict, citizen participation,” says Dr. Roda Verheyen, attorney of the Association for the ECI e.V.

Since 2016, the Association for the ECI e.V. has provided extensive support to prepare this ECI, including campaign support, fundraising guidance, and legal assistance. It has produced a customized ECI online collection system, valued at over €10,000, which played a crucial role in enabling this ECI to gather more than one million signatures from supporters across Europe. In other words the Association for the ECI e.V. provided support throughout the collection period till the end of 2019, and has continued its efforts in the follow-up phase, which is reflected in various way such as the 2023 Joint Public Letter, endorsed by over 70 European NGOs and further actions.

“Given our substantial contributions and deep engagement with the ECI as a whole— and this ECI in particular— the Court’s refusal to grant us intervenor status dismisses our legitimate interest and expertise in the case,” says Dr. Carsten Berg, Director of The Association for the ECI e.V..

Launched in March 2024 by the Citizens’ Committee, the EtCA legal case is the first to challenge the European Commission’s failure to act on a successful ECI. If successful, it could compel the Commission to establish a clear timeline for legislative action and grant access to file.

In its decision, the Court argued that:

• Efforts to promote democracy and strengthen the European Citizens’ Initiative were not sufficiently connected to the legal action to justify NGO intervention.
• Consumer protection organizations had interests deemed too broad to warrant their participation as interveners.
• Environmental protection activities alone were insufficient grounds for intervention, reinforcing a restrictive interpretation of NGO involvement in legal cases.

Animal welfare NGOs, including Eurogroup for Animals, Animal Equality, and LAV, were admitted as interveners with the official Court’s justification that they could demonstrate their direct involvement in the campaign against caged animal farming. This is the first time that NGOs have been admitted as interveners in an ECI-related court case. The final decision of the Court of Justice in this case is expected by the end of 2025.

More background:

16.10.2023 Open letter to European Commission: Stand by your commitment to the European Citizens’ Initiative!

16.03.2024 Official Journal of the European Union: Action brought on 16 March 2024 – End the Cage Age v Commission

18.03.2024 ECI ‘End the Cage Age’ takes the European Commission to Court for Lack of Follow-up

27.06.2024 The ECI Campaign joins End the Cage Age legal action

09.12.2024 During the European Parliament plenary, Commissioner for Health and Animal Welfare Olivér Várhelyi emphasised the need to modernise animal welfare, including addressing the End the Cage Age ECI. He announced that the initiative would be implemented in 2026 for certain sectors. However, no concrete plans were provided at this stage or explanation on why in certain promised sectors the Commission would not take action, even if it is obliged to do so.

11.2.2025 The implementation of the EtCA was not mentioned in the official 2025 Commission Work Program as was previously promised by the European Commission.