If you disagree with a judgment of the district court, you can lodge an appeal with the Administrative Jurisdiction Division of the Council of State. This is the highest administrative court for many cases in the Netherlands, including Utrecht.
When can you go to the Council of State?
The Administrative Jurisdiction Division handles appeals concerning:
- Environmental law (such as permits and zoning plans)
- Aliens law issues
- Subsidy disputes
- General administrative law matters
Deadline for instituting an appeal
You have 6 weeks after the district court's judgment to file the appeal.
Court fee costs in 2024
| Category | Amount |
|---|---|
| Individuals | € 284 |
| Legal entities | € 568 |
Steps in the appeal procedure
- Filing the notice of appeal
- Response by the administrative authority
- Possibility of reply and rejoinder
- The hearing
- The final judgment
What does the Council of State assess?
The Council of State examines:
- Whether the district court has correctly interpreted the law
- Whether the facts have been correctly established by the district court
- The specific objections to the district court's judgment
Frequently asked questions about appeals
May I submit new evidence on appeal?
Yes, that is possible, but there may be restrictions. New facts or circumstances may often be taken into account.
What is the duration of an appeal?
The average processing time is between 9 and 15 months, depending on the complexity of the case.
Is the judgment of the Council of State binding?
Yes, no further appeal can be lodged against a judgment of the Council of State. Revision is only possible in exceptional cases.
Local information for Utrecht
For cases in Utrecht, you can go to District Court Midden-Nederland, located at Vrouwe Justitiaplein 1. For legal advice, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55.
Practical questions about appeals
How do I start an appeal at the Council of State?
You start by filing a notice of appeal with the Administrative Jurisdiction Division. This can be done digitally via the Council of State's portal. Pay the court fee and clearly state why you disagree with the judgment. A lawyer is not mandatory, but can be useful.
What if I miss the 6-week deadline?
If you are too late, your appeal will usually be declared inadmissible. Only in exceptional circumstances, such as illness, can an exception be made. Contact a lawyer quickly.
Can the outcome on appeal be different?
Yes, the Council of State can amend, uphold or quash the district court's judgment. Ensure a strong substantiation of your objections.