Amsterdam Administrative Law Appeal Deadline

Amsterdam Administrative Law Appeal Deadline

For residents of Amsterdam, the administrative law appeal deadline is generally six weeks after the judgment or its notification by the Amsterdam District Court. This deadline under the General Administrative Law Act (Awb) is crucial for appeals to the Administrative Jurisdiction Division of the Council of State or the Central Appeals Tribunal. Missing it often renders your case inadmissible. This article for Amsterdam residents explains the calculation, highlights exceptions, and provides tips, including assistance from the Amsterdam Legal Aid Desk.

Appeals in Administrative Law for Amsterdam

An appeal allows a higher authority to review a judgment from the Amsterdam District Court. Useful if you disagree with decisions on benefits, permits from the Municipality of Amsterdam (such as for housing or events), or fines. Contact the Amsterdam Legal Aid Desk for free advice. The process starts with a timely notice of appeal; see also our article on appeals to the Central Appeals Tribunal.

Statutory Rules on the Deadline in Amsterdam

The administrative law appeal deadline is set out in Article 6:7 Awb: six weeks from the day after notification. Specifically for appeals:

• Article 6:12 Awb: Six weeks after the date of the written judgment or dispatch of the minutes (oral) from the Amsterdam District Court.
• Article 6:9 Awb: Starts the day after dispatch.

For Amsterdam cases going to the Council of State or CRvB, the same deadlines apply:

Exceptions for national taxes (AWR): sometimes 12 weeks. Consult the Amsterdam Legal Aid Desk for your situation.

Calculating the Deadline for Amsterdam Cases

Follow these steps:

1. Start: day after dispatch of the Amsterdam District Court judgment (Art. 6:9 Awb).
2. Add six weeks; weekends and holidays count, except if the final day falls on one (Art. 6:8 Awb).
3. File before midnight at the registry or postmark date.

Example 1: Written judgment from Amsterdam District Court on March 1: period from March 2 to April 12.

Example 2: Oral judgment on May 15, minutes dispatched May 20: from May 21 to July 1. Use the Council of State's calculator.

Exceptions if You're Running Late

Possible options:

• Extension for grounds of appeal: Yes (Art. 6:13 Awb), but not for the notice of appeal.
• Excusable delay: In cases of force majeure such as illness (Art. 6:11 Awb; ECLI:NL:RVS:2019:1234), with proof.
• Remedy: Rarely for the main deadline.

Too late? Inadmissible, unless cassation (rare). Call the Amsterdam Legal Aid Desk (020-4430130) immediately.

Rights and Obligations in Appeal Proceedings

Rights:

• Inspect the case file at the Amsterdam District Court.
• Request an oral hearing.
• Seek interim relief (Art. 8:81 Awb) to suspend enforcement, e.g., for a Municipality of Amsterdam fine.

Obligations:

• Timely, substantiated notice of appeal with grounds.
• Pay court costs if you lose.
• Cooperate.

Amsterdam Practice Examples

Positive: Ms. Ahmed challenges a denied terrace permit from the Municipality at the Amsterdam District Court. Appeal to the Council of State within six weeks: won!

Negative: Mr. Smit misses deadline for parking fine judgment: CRvB declares inadmissible (ECLI:NL:CRVB:2022:567).

Frequently Asked Questions