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. The Administrative Court will then request the Administrative body to make a written response and to submit all documents related to the decision on the notice of objection.

When the documents have been received, the Administrative Court will continue the investigation. This investigation usually results in a hearing, at which the parties concerned explain their standpoints and answer questions. Based on the documents and the hearing, the court makes a ruling.

The original decision remains in force during the appeal procedure. In the meantime, irreparable consequences could arise for the interested parties. To prevent this, they can request the Provision Judge of the Administrative Court for an interim provision. As a rule, this means that the Administrative Court can suspend the decision against which the appeal was made for as long as appeal procedure lasts. In that case, the decision is no longer in force.

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