Objection and appeal
When you disagree with a decision of the Ctgb you can submit a notice of objection. When you disagree with the decision on the notice of objection, you can file an appeal at the Trade and Industry Appeals Tribunal.
The notice of objection and corresponding procedure
Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Ctgb. If an interested party disagrees with a decision of the Ctgb, or if the Ctgb fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Ctgb within six weeks after the date on which the decision is announced. The Ctgb does not offer the possibility of submitting an objection digitally. The Ctgb shall respond to the notice of objection in writing, stating its position with respect to the objection. To advise the Board correctly on this matter, the Advisory Committee for notices of objection has been established. The Committee also has the task of providing the parties concerned (those filing the objection, possible third parties and the Ctgb) with a hearing, followed by a public recommendation to the Board concerning the decision to be taken about the objection. On the basis of the contested decision, the notice of objection, the response to the objection and the recommendation of the Advisory Committee, the Ctgb decides on the objection. This decision is announced to the parties concerned and is published in the prescribed fashion.
The original decision remains in force during the objection procedure. In the meantime, irreparable consequences could arise for the interested parties. To prevent this, they can request the Board of Appeals for business for an interim provision. As a rule, this means that the court can suspend the decision to which the objection was made for as long as objection procedure lasts. In that case, the decision is no longer in force.
Appeal and the appeal procedure
An interested party can appeal against a decision on a notice of objection by filing an appeal with the Board of Appeal for business within six weeks after the date on which the decision on the objection is announced. The court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed. The court will then request the Ctgb to make a written response and to submit all documents related to the decision on the notice of objection.
When the documents have been received, the court will continue the investigation. This investigation usually results in a hearing, at which the parties concerned explain their standpoints and answer questions. Based on the documents and the hearing, the court makes a ruling.
The original decision remains in force during the appeal procedure. In the meantime, irreparable consequences could arise for the interested parties. To prevent this, they can request the Board of Appeals for business for an interim provision. As a rule, this means that the court can suspend the decision against which the appeal was made for as long as appeal procedure lasts. In that case, the decision is no longer in force.
The Advisory Committee for notices of objection
The Advisory Committee consists of the following members:
- Drs. J.H. Geerdink (voorzitter) Master of Laws
- Drs. R. van Baaren Master of Laws
- Prof. dr. M. van den Berg
- L.B. Bovendeert MSc Master of Laws
- W.H. van Eck
- Prof. dr. mr. B.M.J. van der Meulen
- Prof. dr. ir. I.M.C.M. Rietjens
For each session, the Committee will be compiled from two of the above-named members and the chair.
Reglement Adviescommissie bezwaarschriften Ctgb 2014 (in Dutch, Government Gazette).