Dutch Legislation

Chapter 6

in force

General provisions on objection and appeal

General Administrative Law Act (Awb) (Algemene wet bestuursrecht) · Articles: 24

Section 6.1

Introductory provisions

6:1 Article 6:1

Chapters 6 and 7 apply mutatis mutandis if provision is made for the possibility of objection or appeal against acts of administrative authorities…

6:2 Article 6:2

For the application of statutory provisions concerning objection and appeal, the following shall be equated with a decision:

6:3 Article 6:3

A decision regarding the procedure for the preparation of a decision is not subject to objection or appeal, unless this decision directly affects the…

Section 6.2

Other general provisions

6:4 Article 6:4

An objection is lodged by filing a notice of objection with the administrative authority that took the decision.

6:5 Article 6:5

The notice of objection or appeal shall be signed and shall contain at least:

6:6 Article 6:6

The objection or appeal may be declared inadmissible, if:

6:7 Article 6:7

The time limit for filing a notice of objection or appeal is six weeks.

6:8 Article 6:8

The period commences as of the day following that on which the decision has been announced in the prescribed manner.

6:9 Article 6:9

A notice of objection or appeal is submitted in due time if it is received before the end of the time limit.

6:10 Article 6:10

With regard to a notice of objection or appeal submitted before the commencement of the time limit, a declaration of inadmissibility on that ground…

6:11 Article 6:11

With regard to a notice of objection or appeal submitted after the expiry of the time limit, a declaration of inadmissibility on that ground shall be…

6:12 Article 6:12

If the appeal is directed against the failure to take a timely decision or the failure to timely announce a decision granted by operation of law, it…

6:13 Article 6:13

No appeal to the administrative court can be lodged by an interested party who can reasonably be reproached for not having put forward views as…

6:14 Article 6:14

The body with which the notice of objection or appeal has been lodged acknowledges receipt thereof in writing.

6:15 Article 6:15

If the notice of objection or appeal is filed with an incompetent administrative authority or with an incompetent administrative court, it shall…

6:16 Article 6:16

The objection or appeal does not suspend the operation of the decision against which it is directed, unless provided otherwise by or pursuant to a…

6:17 Article 6:17

If a person is represented, the body competent to decide on the objection or appeal shall in any event send the documents relating to the case to the…

6:18 Article 6:18 repealed
6:19 Article 6:19

The objection or appeal shall by operation of law also relate to a decision to withdraw, amend or replace the contested decision, unless the parties…

6:20 Article 6:20

If the appeal is directed against the failure to take a timely decision, the administrative authority remains obliged to take this decision, unless…

6:21 Article 6:21

The objection or appeal may be withdrawn in writing.

6:22 Article 6:22

A decision against which an objection has been made or an appeal has been lodged may, despite the violation of a written or unwritten rule of law or…

6:23 Article 6:23

If an appeal can be lodged against the decision on the objection or appeal, mention shall be made thereof upon the notification of the decision.

6:24 Article 6:24

This section applies mutatis mutandis, with the exception of Article 6:12, if an appeal, incidental appeal, appeal in cassation or incidental appeal…