THE BOTTOM LINE
- Cost of Delay is Real: Public bodies that miss statutory deadlines for information requests face direct financial consequences. This ruling confirms they can be forced to pay a requester’s legal fees, even if they eventually comply.
- Procedural Compliance is Not Optional: The case highlights that failing to adhere to administrative deadlines is a distinct legal failing. For businesses, this means poor process management by public partners creates a tangible financial risk.
- A Tool for Accountability: Companies and individuals can use the “appeal for failure to act” mechanism to force timely decisions from government agencies and can reasonably expect to recover their costs if the agency only acts after legal action is initiated.
THE DETAILS
In a clear signal to public authorities, a Dutch court has ordered a municipality to pay the legal costs of a citizen who sued for failure to respond to an information request on time. The case began when an individual filed a request with the Municipality of Breda under the Dutch Public Access to Government Information Act (Wet open overheid – Woo), the local equivalent of the Freedom of Information Act (FOIA). When the statutory deadline passed without a decision, the requester filed an appeal with the court, challenging not a specific decision, but the complete lack of one.
The turning point came after the appeal was filed. Spurred into action by the lawsuit, the municipality promptly issued its decision on the original Woo request. With the decision finally in hand, the requester withdrew their appeal, as its primary purpose—to compel a response—had been achieved. They then asked the court to order the municipality to cover the legal costs incurred in filing the appeal. The legal question was simple: Did the municipality have to pay the requester’s legal fees, even though its delayed compliance made the lawsuit unnecessary?
The court’s reasoning was direct and unambiguous. It ruled that by issuing a decision only after an appeal was filed, the municipality had effectively given in to the requester. Under Dutch administrative law, when a government body’s action leads to the withdrawal of an appeal, it can be held liable for the costs. The court awarded the requester €453.50 for legal fees and noted the municipality was also obligated to refund the €194 court filing fee. This decision is a stark reminder to all organizations that procedural delays by public bodies can have real financial consequences.
SOURCE
Source: Rechtbank Zeeland-West-Brabant
