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Objecting to and appealing against a government decision

This information is provided by: Netherlands Enterprise Agency

If you disagree with a decision of a Dutch governmental authority, 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.

Decision deadline exceeded

If the government fails to take a decision by the legal deadline, you can send them a so-called notice of default (ingebrekestelling). This will give them a grace period of 2 weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire a lawyer for the objection or appeals procedure.

Objections

You must submit a notice of objection to the government agency that took the decision in question by no later than 6 weeks after you received the decision or after the decision was published. The government must take a decision within 6 weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is 12 weeks. Both periods may be extended by 6 weeks.

Penalty when deciding late

If the government fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions formExternal link to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decisionExternal link (Dutch).

Appeals

Normally you would lodge your appeal with your local or regional administrative courtExternal link (Dutch), but occasionally this may be different. If that is the case, the decision will tell you where to appeal. The appeal must be lodged no later than 6 weeks after you have been notified of the decision in relation to your objection. When filing an appeal you have to pay court fees. The court will issue a decision in writing.

This information is provided by:

Netherlands Enterprise Agency

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