Consequences of Withdrawal in Amsterdam: Restoration and Compensation
In Amsterdam, where the municipality takes strict action against violations in the densely populated city centre, a withdrawn decision abruptly terminates your rights. In the case of unlawful withdrawal, such as for catering or building permits along the canals, you can claim damages. Pursuant to article 8:88 Awb, you can appeal to the District Court of Amsterdam to demand annulment, with possible retroactive effect. The Municipality of Amsterdam must withdraw the decision in a balanced manner (article 4:47 Awb), taking into account local interests such as liveability in neighbourhoods like the Jordaan or Oost.
Financial and Legal Impact in Amsterdam
Typical consequences for Amsterdam entrepreneurs are:
- Loss of income due to the shutdown of terraces or shops in the Centre
- Costs for adjustments to monumental buildings or restoration after enforcement
- Reputational damage for businesses in tourist hotspots such as the Nine Streets
Right to Compensation in Amsterdam
If the decision is annulled by the Administrative Law Division of the District Court of Amsterdam, you can claim tort under article 6:162 BW. Prove causal connection and suffered damage, for example through a decline in turnover for Airbnb permits. In Amsterdam cases, planschade (article 6.1 Wro) often applies in redevelopment areas such as IJburg. Consult a specialised lawyer in Amsterdam for quantification, procedure before the Council of State and local nuances. Acting in time prevents limitation after five years. (248 words)