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SNIDEI As far as protection under private law is concemed, although in theory other possible legal bases can be cited, in effect we must fall back on the(mutually coherent) regulations concerning statutory property rights between adjoining properties and unlawful acts. The central question is, as always, whether a type of behav iour can be considered as unlawful nuisance. Leaving aside the case of unwritten law (ie. a standard of due care) is violated. Whether a violation of unwritten bw has occurred will depend on in the words of the Supreme Court the nature, the seriousness and the duration of the nuisance and the damage thus caused in relation to the further circumstances of the case, whereby account must be taken among other things, of the importance of the interests that are being served by the activity causing the nuisance on the one hand, and the possibility, partly in view the related costs, and the will ingness to take measures to prevent damage or loss on the other hand Case law on this subject is scarce In particuar, no rulings are known of Dutch courts, in which a decision has been made on the(un )lawfulness of the sowing or planting of genetically modified crops in relation to neighboring proprietors or land users. It may be assumed that the court, in view of the (ack of charity of the) associated risks, will apply strict standards of due care A case may arise where the causer of the unlawful nuisance is obliged to compensate for the subsequent damage or loss caused, while a demand for a prohibition will be refused for reasons of important social interestsSNIJDERS 10 As far as protection under private law is concerned, although in theory other possible legal bases can be cited, in effect we must fall back on the (mutually coherent) regulations concerning statutory property rights between adjoining properties and unlawful acts. The central question is, as always, whether a type of behaviour can be considered as unlawful nuisance. Leaving aside the case of malicious damage to property, unlawful nuisance is said to exist if written or unwritten law (i.e. a standard of due care) is violated. Whether a violation of unwritten law has occurred will depend on  in the words of the Supreme Court  the nature, the seriousness and the duration of the nuisance and the damage thus caused in relation to the further circumstances of the case, whereby account must be taken, among other things, of the importance of the interests that are being served by the activity causing the nuisance on the one hand, and the possibility, partly in view of the related costs, and the willingness to take measures to prevent damage or loss on the other hand. Case law on this subject is scarce. In particular, no rulings are known of Dutch courts, in which a decision has been made on the (un)lawfulness of the sowing or planting of genetically modified crops in relation to neighboring proprietors or land users. It may be assumed that the court, in view of the (lack of clarity of the) associated risks, will apply strict standards of due care. A case may arise where the causer of the unlawful nuisance is obliged to compensate for the subsequent damage or loss caused, while a demand for a prohibition will be refused for reasons of important social interests
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