In order to start the appeal procedure, you must submit an appeal to the District Court. You are the claimant.

Submit your notice of appeal to the District Court within 6 weeks of your objection being dismissed. The date of the decision made in response to your objection can be found in the letter from the public authority.

Submit an appeal to the court

Documents to be included

Documents of importance to the court should be sent together with your notice of appeal. In all cases, these include: 

• the decision on the objection against which you are appealing
• documents and photographs to support your position, if you have them; and
• written authorisation, if you are using an authorised representative (in Dutch)
  

Additional documents for organisations (company, foundation or association)

Do you wish to lodge an appeal in the capacity of an organisation? In that case, please include the following: 

• an excerpt from the commercial register (and if there are parent legal entities, attach the excerpts for these as well). These excerpts must show who, as the ultimately authorised director, has the right (is entitled) to make an appeal. Excerpts must be less than 1 year old.
• a copy of the articles of association
• an excerpt pertaining to the holding company (less than 1 year old).

Rules of procedure

More information can be found in the Rules of Procedure for District Courts (overheid.nl).

Informing the parties

The District Court informs the public authority and any stakeholders that you have commenced an appeal procedure.

The public authority is your counterpart (respondent) in this case. The District Court will ask the public authority to write a statement of defence and to send all documents relating to the case.

The District Court will send you copies of the documents submitted by the public authority. You may also submit additional documents. Examples of these are a written response to the public authority's statement of defence. Potential stakeholders may also submit documents. 

See also: Submitting additional documents digitally (in Dutch)

The judge will generally deal with your appeal case at a hearing.

Proceedings without a hearing

There is no hearing if:

• the judge considers that the documents are so clear that oral proceedings at a hearing would not add any value AND all parties state that they do not want a hearing. Once the parties have given their consent, the judge will rule on the matter without a hearing. If you do not agree with the judge’s decision, you can appeal to a higher court (see step 6 below).
• the judge opts for simplified proceedings. For example, this may be because:
  • the Administrative Court is not the correct court to hear a case (the Administrative Court has no jurisdiction [kennelijk onbevoegd]);
  • the documents are so obvious that no further oral proceedings are necessary (this is called ‘manifestly well-founded’ [kennelijk gegrond] or ‘manifestly unfounded’ [kennelijk ongegrond]); or
  • the notice of appeal was filed late (the appeal is manifestly inadmissible [kennelijk niet-ontvankelijk]).

Do you disagree with the judge’s decision following the simplified proceedings dealing with your case? If so, you can lodge an objection against this ruling. (read more on this below at step 6).

Proceedings with a hearing

All parties receive an invitation to a hearing. This states when (date) and where (location) the oral hearing will take place.

Attendees at the hearing

You are not obliged to come to the hearing, unless you are summoned. If you do come, you will have the opportunity to present an oral explanation. You can also answer any questions that the judge asks. The same applies to the public authority and any stakeholders.

Public

The hearing of an enforcement and sanctions appeal procedure is, in principle, public. This means that anyone can attend the hearing. In certain situations, the judge may decide that the hearing can take place wholly or in part in camera.

• Attending a hearing (in Dutch)

Witnesses and experts

If you wish to summon a witness (in Dutch) or expert or bring one with you, you must notify the judge and the public authority in writing at least 10 days before the hearing. The judge is not obliged to hear any witnesses or experts that you bring with you.

Oral proceedings

The judge presides over the oral proceedings. The judge asks questions and discusses the points of disagreement between the parties. It may be the case that the parties are still able to come to an agreement together. This is only possible if:

• both parties are open to this
• the public authority has/is given the freedom to do so from its duties. For example, a municipality may have room to examine a solution jointly. An inspection service that checks for safety, on the other hand, may not.

The judge’s ruling

Has it proven difficult to come to a solution? Or is it impossible? The parties will then be able to further explain their positions and answer questions that the judge asks.

Interim ruling

The judge can make an interim ruling when a defect is discovered. For example, that the decision was made carelessly. The public authority will then be given the opportunity to redress this defect within a set period. The judge will then assess whether the amendments set out by the interim ruling have been following, and makes a proposition.

The judge may give an oral or written ruling:

• orally – at the end of the hearing
  
• in writing, by post – within 6 weeks of the hearing. If the judge needs more time, they will let you know in due time.
• in writing, if the parties have waived the right to an oral hearing.

The ruling will be sent to you. If you have engaged the services of a lawyer or authorised representative, the ruling will be sent to them. There are different types of ruling that the judge can make:

Well-founded

The judge rules in your favour and declares the appeal well-founded. The judge may: 

• direct the public authority review the appeal according to the judge's instructions, and then make a new decision. If you disagree with this new decision, you can lodge a new objection and then if necessary, an appeal;
• determine that the judge's ruling supersedes the decision. This means that there may be new legal consequences;
• determine that the decision is not upheld (is annulled), but that its legal effects can be maintained. The reasons are given in the ruling.

See also: Public authority damages (in Dutch)

Unfounded

The judge rules against you. The decision of the public authority remains the same.

Disagreeing with a court ruling

Do you disagree with the administrative court's decision? You can appeal to a higher court.

Opposition - ruling after simplified proceedings

Do you disagree with the judge's ruling following the simplified proceedings dealing with your case? If so, you can lodge an objection against this ruling. You do this by sending a letter to the District Court, referred to as the notice of objection [verzetschrift]. You must do this within six weeks. If the District Court rules in favour of your notice of objection, another hearing will take place.

Appealing to a higher court

Do you disagree with the judge's ruling? You can make an immediate appeal against this at the Central Council of Appeal (in Dutch). This must be done within six weeks of the judge's ruling. If the term is shorter than 6 weeks, this will be stated in the ruling that you are appealing. The public authority can also appeal to a higher court.