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 authority for many administrative law cases.
When to appeal to the Council of State?
The Administrative Jurisdiction Division handles appeals in:
- Environmental law (such as permits and zoning plan amendments)
- Alien law matters
- Subsidy disputes
- Other administrative law matters
Deadline for lodging 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 from the administrative authority via a statement of defense (more about administrative authorities)
- Possibility of reply and rejoinder
- The hearing at the Council of State
- The final judgment
What does the Council of State assess?
The Council of State examines:
- Whether the district court correctly applied the law
- Whether the facts were correctly interpreted by the district court
- The specific objections to the district court's judgment
Frequently asked questions about appeals
May I submit new evidence during the appeal?
Yes, this is possible, but there are sometimes limitations. New facts or circumstances can often be introduced.
What is the average duration of an appeal?
This usually takes between 9 and 15 months, depending on the complexity of the case.
Is the decision of the Council of State binding?
Yes, no further appeal is possible against a judgment of the Council of State. Revision is only possible in rare cases.
Practical questions about appeals
How do I start an appeal at the Council of State from Leiden?
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 or in writing. Pay the court fee and clearly state why you disagree with the judgment of the District Court of The Hague, Leiden location. A lawyer is not mandatory, but can be useful. Keep an eye on the 6-week deadline.
What if I am too late with my appeal?
If you exceed the 6-week deadline, your case will usually not be considered. In exceptional circumstances, such as illness, you can request restoration of the deadline. Contact a lawyer as soon as possible, for example via the Juridisch Loket Leiden at Stationsweg 46.
Can the outcome in appeal be different?
Yes, the Council of State can uphold, amend or quash the district court's judgment. If errors were made in the assessment of a permit, the Council may take a different decision. Ensure a strong substantiation of your objections.
Is a lawyer necessary for an appeal?
No, it is not mandatory, but in complex cases legal assistance is recommended. Procedures are strict and a lawyer can help you articulate your points well and avoid errors.
What does an appeal at the Council of State cost?
The court fee is €284 for individuals and €568 for legal entities (2024 rates). In addition, costs for legal assistance or travel expenses to The Hague may arise. Sometimes you can recover procedural costs if successful.
Can I request an interim measure during the appeal?
Yes, in urgent cases you can request an interim relief from the interim relief judge. This can, for example, temporarily halt a construction project. You must demonstrate urgency and that your case has prospects of success.
What if I do not accept the judgment of the Council of State?
The judgment is in principle final. Only in exceptional cases can you request revision. Contact a lawyer for advice via the Juridisch Loket Leiden.