Appeal procedure in administrative law

When the administrative body dismisses your objection, you can submit a notice of appeal. The court, CBb, CRvB or Council of State must usually receive the notice of appeal within 6 weeks after your objection was dismissed. The date of the decision about your appeal will be in the letter from the administrative body.

Submitting a notice online

Choose the right form to submit your notice of appeal online:

• Notice of appeal form for the court (in Dutch) (DigiD.nl)
• Notice of appeal form for the CBb (in Dutch)
• Notice of appeal form for the CRvB (in Dutch)
• Online proceedings in the Council of State (raadvanstate.nl)

You need a DigiD to do this.
Please note: the online forms are only for private individuals, not for businesses or organisations (non-natural persons and/or legal bodies/legal persons).

Submitting a written notice

You can write your own notice of appeal and submit it. Make sure you include:

• your name and address
• the decision you are appealing
• why you do not agree with the administrative body’s decision
• what you think the decision should be

Write the date on your notice of appeal and sign it. Send the notice of appeal to the court, tribunal or council that will deal with your appeal.

Documents you need to send

When you send your notice of appeal, make sure you include the documents that are important to the court. You must send:

• the decision about the notice of objection that you are appealing
• any documents and photographs that support your point of view

Informing the interested parties

The court, CBb, CRvB or Council of State will tell the administrative body and any other people and organisations that are affected by the appeal that you have started an appeal procedure.

The administrative body is your opposing party (‘respondent’) in this case. The court, CBb, CRvB or Council of State will ask the administrative body to write a response and to send all the documents about the case.

The court, CBb, CRvB or Council of State will send you copies of the documents that the administrative body has submitted. You can also submit extra documents, for example a written response to what the administrative body has said. If any other people are affected by the appeal, they can also submit documents.

• Submit extra documents online: the court (in Dutch) (DigiD.nl)
• Submit extra documents online: the CRvB (in Dutch)
• Submit extra documents online: the CBb (in Dutch)
• Online proceedings in the Council of State (raadvanstate.nl)

Please note: you can submit documents until 10 days before the hearing. This gives the judge and other people who are affected by the appeal enough time to read the documents. 

Appeals are usually dealt with at a hearing. Sometimes there will not be a hearing, if:

• the judge thinks that the documents are so clear that there is no need for a hearing, and everyone who is affected by the appeal says that they do not want a hearing
• the judge chooses to hear the appeal in a simplified procedure

Simplified procedure

The judge can decide to deal with the case without a hearing, for example because:

• the administrative court clearly does not have the right competence
• the documents are very clear (obviously either well-founded or not well-founded)
• the notice of appeal was submitted too late (clearly inadmissible)

Invitation or summons to the hearing

Everyone who is affected by the appeal will be invited or summoned to the hearing. The invitation or summons will say when (date) and where (location) the hearing will be. The hearing often happens within 3 months after you submit your notice of appeal.

Present at the hearing

If you get a summons, you must go to the hearing. If you get an invitation, you do not have to go. If you go to the hearing, you will have the chance to explain your point of view. You can also answer the judge’s questions. The administrative body and other people who are affected by the appeal can do this too.

Will the hearing be public?

Most administrative hearings are open to the public. In some cases, the judge can decide that some or all of the hearing will be held behind closed doors. Tax cases are not open to the public, but the tax penalty procedure is usually public, even if it is part of a bigger tax case.

Witness

If you want to call a witness, you must do that at least 1 week before the hearing by writing to the judge.

Interim decision

The judge can make an interim decision if there is something wrong with the original decision, for example if the decision was not made as carefully as it should have been. The administrative body has a specific amount of time to solve the problem with the decision. The judge then decides whether the administrative body has followed the instructions in the interim decision, and he or she makes a decision.

Mediation in addition to legal proceedings

A legal procedure focuses on the legal aspects of a conflict. In mediation, you work with the other people who are involved in the conflict to find a solution to all aspects of the conflict. The judge will check to see if mediation is a good idea in your case. You can also say that you want mediation. >More information about mediation in addition to legal proceedings.

The judge will make a decision within 6 weeks after the hearing. If the judge needs more time, he or she will tell you this. The court will send the decision to you. If you have a lawyer or a tax adviser, the court will send the decision to them. The judge can make various different decisions:

Well-founded

The judge agrees with you and says that the appeal is well-founded. The judge can:

• tell the administrative body to look at the objection again and to make a new decision, taking the judge’s decision into account
• decide that the legal effects of the original decision still apply
• make a new decision

If the legal effects of the decision still apply

Sometimes, when the judge dismisses the administrative body’s decision, he or she can decide that the legal effects of the original decision still apply. The judge will explain his or her reasons in the decision. In practice, this means that the decision is still in place and that the administrative body does not have to make a new decision.

Compensation

Sometimes the effects of an administrative body’s decision can cause you serious problems. In specific cases, you can go to the administrative court or the civil court to ask the government for compensation. You can do this if the decision was:

• lawful; then you can get nadeelcompensatie (‘compensation for loss resulting from administrative acts’)
• unlawful; then you can get compensation

More information about government compensation (in Dutch)

Unfounded

The judge does not agree with you. The administrative body’s decision stays in place.

If you do not agree

Judge’s decision

If you do not agree with the administrative court judge’s decision, you can appeal against that decision. Which administrative court, tribunal or council will deal with your appeal, depends on the kind of case.

Outcome of a new decision

The judge can tell the administrative body to look at the objection again and to make a decision that takes the judge’s decision into account. If you do not agree with this new decision, you can start another appeal procedure.

Decision after a simplified procedure

If you do not agree with the judge’s decision after he or she deals with your case in a simplified procedure, you can oppose this decision. You must do this within 6 weeks. If the court approves your notice of opposition, your appeal will be dealt with at a hearing.

If you do not agree with the administrative court judge’s decision, you can appeal against that decision. Which administrative court, tribunal or council will deal with your appeal, depends on the kind of case.

Tax law

There are 4 courts of appeal that deal with appeals about tax matters.

Social security

The Central Appeals Tribunal (CRvB) deals with appeals about study grants and social security law.

Economic administrative law and disciplinary proceedings

The Court of Rotterdam deals with cases that involve the Competitive Trading Act, Postal Act, Commodities Act, Telecommunications Act and financial regulations. The Trade and Industry Appeals Tribunal (CBb) deals with appeals in these cases. The CBb also deals with disciplinary proceedings for auditors and appeals about the Fertilisers Act.

Other cases, including immigration law

The Administrative Jurisdiction Division of the Council of State deals with appeals in other cases, including immigration cases.