If you disagree with a judgment of the District Court of The Hague, you can lodge an appeal with the Administrative Jurisdiction Division of the Council of State, the highest administrative court for many cases in the Netherlands.
When to appeal to the Council of State?
The Council of State handles appeals in the areas of:
- Environmental law (such as permits and zoning plan amendments)
- Alien law matters
- Subsidy disputes
- Other administrative law matters
Deadline for filing an appeal
You have 6 weeks after the judgment of the District Court of The Hague to institute an appeal.
Costs of appeal (court fee)
| Category | Amount 2024 |
|---|---|
| Individuals | € 284 |
| Legal entities | € 568 |
Steps in the appeal procedure
- Filing the notice of appeal
- Response of the administrative authority by means of a statement of defense
- Possibility of reply and rejoinder
- The hearing at the Council of State
- Final judgment
What does the Council of State review?
The Council of State checks, among other things:
- Whether the District Court of The Hague has correctly applied the law
- Whether the facts have been correctly interpreted
- The specific objections (grounds of appeal) against the previous judgment
Frequently asked questions about appeals
May I submit new evidence during the appeal?
Yes, that is possible, but there are restrictions. New facts or circumstances may sometimes be taken into account.
What is the average duration of an appeal?
This varies between 9 and 15 months, depending on the complexity of the case.
Is the decision of the Council of State binding?
Yes, the judgment is final. There is no possibility of further appeal, except in rare cases where revision is requested.
Practical questions about appeals in Rijswijk
How do I start an appeal at the Council of State?
You start by filing a notice of appeal with the Administrative Jurisdiction Division, preferably digitally via their online portal. Pay the court fee and clearly state why you disagree with the judgment of the District Court of The Hague. A lawyer is not mandatory, but can be useful. Take into account the 6-week deadline.
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 a request for reinstatement be filed. Contact a lawyer or the Juridisch Loket Rijswijk immediately for advice.
Can the appeal judgment be different?
Yes, the Council of State can confirm, amend or quash the judgment of the district court. Thorough preparation and clear arguments are essential to increase your chances.
Is a lawyer necessary for an appeal?
No, it is not mandatory, but recommended for complex cases. A lawyer can help with drafting documents and avoiding procedural errors. For simple cases, you can litigate yourself.
What does an appeal at the Council of State cost?
In addition to the court fee (€284 for individuals, €568 for legal entities in 2024), there may be costs for legal assistance. If the outcome is favorable, you may sometimes recover procedural costs. Also take into account travel costs to The Hague.
Can I request a temporary solution during the appeal?
Yes, in urgent cases you can apply for an interim measure, for example to temporarily suspend a decision. This requires urgency and a promising case.
What if I dispute the judgment of the Council of State?
The judgment is in principle final. Only in exceptional cases can you request revision. Contact the Juridisch Loket Rijswijk for advice on your options.