The Bottom Line
- Inaction has a price: Government bodies that fail to meet statutory decision deadlines can be forced to pay automatic daily penalties, reaching up to €1,442.
- Late decisions still cost you: Even if an authority makes a decision after an appeal has been filed, it can be held liable for the applicant’s legal fees and court costs, as the appeal was necessary to force a response.
- Procedural tools are powerful: This case highlights how a simple notice of default can trigger significant financial consequences for public authorities, providing a potent tool for businesses seeking timely government action.
The Details
This case serves as a sharp reminder of the financial risks associated with administrative delays. The dispute began when a petitioner filed an enforcement request with the municipality of Schouwen-Duiveland. After extending its own deadline and still failing to issue a decision, the municipality received a formal notice of default. Even this did not prompt a timely response, leading the petitioner to file an appeal with the court purely on the grounds of the municipality’s failure to act. Only after the court case was initiated did the municipality finally issue a decision, prompting the petitioner to withdraw the appeal but seek compensation for the costs incurred.
The court’s reasoning on legal costs is a crucial lesson in administrative law. Under Dutch law, if an appeal is withdrawn because the government body has, in the meantime, “accommodated” the appellant’s request, that body is liable for the costs. Here, the appeal was filed to compel a decision. By finally making one, the municipality accommodated the core reason for the appeal. Consequently, the court ordered the municipality to pay the petitioner’s legal costs of €453.50 and noted its obligation to also refund the €187 court filing fee. This demonstrates that simply rectifying a delay does not erase the financial liability for forcing an applicant to resort to legal action.
Furthermore, the court addressed the issue of the penalty for delay (dwangsom). The petitioner’s notice of default in September 2023 started a two-week countdown. When the municipality failed to make a decision within that period, it automatically became liable for a daily penalty for a maximum of 42 days. As the municipality had not calculated or paid this amount, the court stepped in. It formally set the total penalty at the maximum of €1,442, directly punishing the authority for its procedural failure and reinforcing that statutory deadlines are not mere suggestions.
Source
Rechtbank Zeeland-West-Brabant
