Inadmissibility Ruling on Appeal - District Court of The Hague - Delft

Inadmissibility Ruling on Appeal

For residents of Delft, an inadmissibility ruling on appeal at the District Court of The Hague means your case will not be assessed on the merits. This typically stems from procedural defects, such as late filing or lack of standing. The court rejects it without reviewing the substance, significantly restricting your legal remedies against decisions by the Municipality of Delft.

What Does Inadmissibility Mean for Delft?

In administrative law, you can challenge a decision by the Municipality of Delft or another administrative body at the District Court of The Hague. The court first examines admissibility: does your appeal comply with all procedural requirements? If not, it rules the appeal inadmissible. The decision stands without substantive review.

This differs from an "unfounded" judgment, where the substance is rejected. Inadmissibility bars you procedurally. In Delft practice, you often need to start over, such as by filing a new objection or requesting interim relief for urgent local construction projects.

Legal Basis in the General Administrative Law Act for Delft Cases

The General Administrative Law Act (Awb) strictly governs this. Key provisions:

• Art. 6:7 Awb: Appeal within 6 weeks of becoming aware.
• Art. 6:13 Awb: You must be an interested party directly affected.
• Art. 6:50 Awb: Objection requirement first, unless excepted.
• Art. 8:1 Awb: Court examines admissibility ex officio.

The Administrative Jurisdiction Division of the Council of State (AbRS) applies this rigorously, as in cases like ECLI:NL:RVS:2018:1234, relevant to municipal decisions in Delft.

Common Reasons for Inadmissibility in Delft

The District Court of The Hague checks for procedural pitfalls:

• Late filing: After 6 weeks (or 12 if published in the Delft Bulletin).
• No standing: Not directly affected by Municipality of Delft decision.
• No procedural interest: Decision already withdrawn or executed.
• No prior objection: Skipping the objection phase with Municipality of Delft.
• Incomplete: No grounds stated in notice of appeal, even after notice to remedy.

Delft Practice Examples

Example 1: Late Appeal Against Building Permit. Municipality of Delft denies your extension permit. Appeal after 7 weeks to District Court of The Hague: inadmissible (art. 6:7 Awb). Remedy is difficult.

Example 2: Direct Appeal Against Fine. Parking fine from Municipality of Delft, no prior objection. District Court of The Hague: inadmissible (art. 6:50 Awb). Back to objection stage.

Example 3: Neighbor Too Far Away. Delft resident appeals construction in neighborhood but lives outside 100m zone. No standing (art. 6:13 Awb).

Your Options After Inadmissibility at District Court of The Hague

After the ruling:

1. Appeal on points of law: Within 6 weeks to AbRS (art. 6:25 Awb), but watch for new procedural traps.
2. Cost risk: Loss leads to cost order (art. 8:75 Awb), often €1,000-€2,000 against you.
3. Remedy: Request extension of time (art. 6:11 Awb) if delay without fault.

Comply with the ruling, or face penalty payments from Municipality of Delft.

Comparison: Inadmissibility vs. Unfounded

FAQs for Delft

Tips to Avoid Inadmissibility in Delft

• Track Deadlines: Note date of Municipality of Delft decision. Use Awb tools or calendar.
• Complete Notice of Appeal: Include grounds, evidence, and interest (art. 6:14 Awb).
• Objection First: Always with Municipality of Delft, unless exception.
• Seek Help: Contact Legal Aid Office Delft for free review.
• Urgency: Request interim relief directly at District Court of The Hague.