Objection and appeal
Interested parties – i.e. persons or organisations who are directly affected by a Ctgb decision – are entitled to file an objection under the following conditions: if they disagree with a decision, if the decision does not fall within the obligatory time period, or if the Ctgb refuses to make a decision.
Filing the notice of objection
If you are an interested party and want to file an objection, you must send a notice of objection in writing to the Ctgb within six weeks of the day the decision was announced. You can also do this by sending an email to email@example.com with the objection attached.
If you want to send secure documents, please contact the Ctgb at firstname.lastname@example.org. You will receive a link which you can use to send your files securely.
Mandatory information in the notice of objection
The objection must be signed and must contain at least the following information:
- your name and address
- the date
- a description of the decision to which you object
- the grounds for the objection
After submitting your objection, you will receive a confirmation of receipt from the Ctgb. If the objection does not contain all the mandatory information described above, you will be given a limited time period to provide this information.
If the objection is deemed admissible, the Ctgb will reconsider the contested decision on that basis and make a ruling on your objection.
Before the Ctgb makes a ruling on your objection, it gives interested parties the opportunity to be heard by the Objections Advisory Committee. This hearing may be waived by the Ctgb if the objection is manifestly inadmissible or manifestly unfounded. It may also be waived if the objection is fully accommodated and other interested parties cannot be adversely affected. In these cases, the Ctgb itself handles the objections without a hearing. In all other cases, the hearing is held by the Advisory Committee.
Ruling on the objection
Based on the notice of objection, all documents relating to the case and, if applicable, the opinion of the Advisory Committee, the Ctgb reconsiders the contested decision and makes a ruling on the objection. This ruling – including the Advisory Committee's opinion and a summary of the hearing – will be sent to the interested party or parties. If the contested decision is revoked as a result of the objection, the ruling on the objection will also be published in the authorisations database and in the Staatscourant (Government Gazette). If the ruling deviates from the Advisory Committee's opinion, this will be explained in the ruling.
Request for preliminary injunction
During the objection procedure, the contested decision remains in force. In the meantime, however, the contested decision may cause irreparable damage for you. To avoid such damage, you can request a preliminary injunction from the Trade and Industry Appeals Tribunal, or in the case of a decision under the Open Government Act, from the appropriate court. In urgent cases, the court may grant a preliminary injunction that expires on the date specified in the ruling.
The appeal and the appeal procedure
If you disagree with the Ctgb's ruling on an objection or with an ex officio amendment or withdrawal of an authorisation after a public viewpoint procedure in accordance with Section 3.4 of the General Administrative Law Act, you can, as an interested party, lodge an appeal with the Trade and Industry Appeals Tribunal (CBb) within six weeks of the day on which the ruling was announced. If the ruling was made under the Act, you can appeal to the appropriate court. If your appeal is deemed admissible, the court will consider the appeal. The Ctgb sends the documents related to the case to the CBb or to the appropriate court. The appeal procedure often includes a hearing during which all parties involved are heard. The hearing is open to the public.
The Ctgb believes it is also important to provide insight into the court's assessment of the appeal. The Objections and Appeals page on the website lists rulings on appeals.
Request for preliminary injunction
During the appeal procedure, the contested decision remains in force. In the meantime, however, the contested decision may cause irreparable damage for you. To avoid this damage, you can request the CBb or the appropriate court to grant a preliminary injunction. In urgent cases, the court may grant a preliminary injunction that expires on the date specified in the ruling.
The Advisory Committee for notices of objection
The Advisory Committee consists of the following members:
- Drs. J.H. Geerdink (voorzitter) Master of Laws
- K. Doornebosch - van Londen MSc, ERT
- J.L.D. Heukers Master of Laws
- A.G. van Malenstein LL.M.
- Prof. mr. dr. B.M.J. van der Meulen
- Prof. dr. L. van Vloten-Doting
- Dr. ir. F. van der Wilk
For each session, the Committee will be compiled from two of the above-named members and the chair.
Reglement Adviescommissie bezwaarschriften Ctgb 2021 (in Dutch, Government Gazette).