An appeal to the administrative court is the procedure in which the district court reviews the decision on objection. The appeal must be lodged within six weeks and is heard by the administrative law division of the district court, unless legislation designates another court.
Legal basis
Article 8:1 of the General Administrative Law Act gives the interested party the right to appeal against a decision. The six-week period follows from Article 6:7 read with Article 6:8. Chapter 8 governs the procedure: Article 8:41 the court fee, Article 8:42 the duty of the administrative body to lodge the documents relating to the case, Article 8:69 the scope of the dispute and Article 8:72 the court’s powers on judgment. Further appeal lies to the Administrative Jurisdiction Division of the Council of State, to the Central Appeals Tribunal in social security and civil service matters, or to the Trade and Industry Appeals Tribunal in economic administrative law.
How it works in practice
The court reviews whether the body prepared the decision carefully, gave adequate reasons and weighed the interests involved in a balanced way. It does not take the decision itself, but can annul it and order the body to decide again. More often than in the past the court uses the administrative loop or gives final judgment itself, to avoid a second round. Article 8:69a contains the relativity requirement: you cannot rely on a rule that plainly does not serve to protect your interest.
Where it goes wrong
A common error is to limit the appeal to a repetition of the objection, when it is the decision on objection that must now be attacked. The court fee is also a real stumbling block: if it is not paid in time, the appeal is inadmissible. Finally, parties underestimate the relativity requirement, so that an otherwise valid complaint does not lead to annulment.
Related terms
The appeal follows the notice of objection and can be combined with interim relief. Access is open only to an interested party.
Considering an appeal? Our administrative law specialists assess the prospects before the court fee becomes payable.
