THE BOTTOM LINE
- Accountability for Delays: If a Dutch government body, such as an immigration authority or regulator, fails to make a decision within the statutory deadline, you can take them to court over the delay.
- A Catalyst for Action: Filing an appeal for failure to decide is a highly effective way to compel a government body to act. This often results in a quick decision, making the government liable for your legal costs.
- Standardized Cost Recovery: While you won’t recover all your legal expenses, Dutch law provides a standardized reimbursement for the costs of filing the appeal, reinforcing the principle that administrative inaction has financial consequences for the state.
THE DETAILS
This principle was recently highlighted in a case involving an applicant who filed for a permit with the Dutch Minister of Asylum and Migration on May 25, 2023. More than two years later, with no decision in sight, the applicant’s legal counsel took a standard but powerful step: on August 5, 2025, they filed an appeal with the court, not on the substance of the case, but solely against the government’s failure to make a timely decision. This action immediately spurred the Ministry into action, prompting it to issue a decision just three days later.
The legal mechanism at play is a core feature of Dutch administrative law (under the Algemene wet bestuursrecht or Awb). Once the appeal for the delay was filed and the Minister subsequently issued a decision, the government was considered to have resolved the core issue of the lawsuit. Consequently, the applicant withdrew the appeal but, critically, still requested that the court order the government to pay the legal fees incurred for having to file it in the first place.
The District Court of The Hague agreed with the applicant, finding the request for costs “manifestly well-founded.” The court ordered the Minister to pay €467 in legal costs. This amount is calculated based on a standardized points system from the Decree on Administrative Legal Costs (Besluit proceskosten bestuursrecht). In this instance, the fee represented one point for filing the appeal but with a “light” weighting factor of 0.5, as the legal work was considered straightforward. This ruling serves as a clear reminder to businesses that the Dutch legal system provides a direct and effective tool to hold public bodies accountable for procedural delays.
SOURCE
Rechtbank Den Haag (District Court of The Hague)
