If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal.

The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced.

Appeal and the appeal procedure

An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.

Appeal against a decision of an Administrative Court’s decision

In most cases, you can also lodge an appeal against the court’s decision with:

  • The Central Appeals Tribunal
  • The Trade and Industry Appeals Tribunal
  • The Administrative Jurisdiction Division of the Council of State

BAS A.S. VAN LEEUWEN, ATTORNEY

MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ.), attorney at law, assists clients with criminal matters, administrative supervision and enforcement cases, and internal and external investigations. Cases involving accusations of fraud, bribery, money laundering, corruption or violations, financial mismanagement, of international sanctions seriously disrupt a client’s operations and damage their reputation. At a client’s request, MR. BAS A.S. VAN LEEUWEN (LL.M., ESQ.) can conduct internal investigations, advice, litigate and negotiate with regulators and the Public Prosecution Service. The attorney delivers swift solutions that address the underlying problems for urgent matters. Sometimes, his clients are injured by non-compliant conduct; sometimes they find themselves accused of the same.