Basis for sanction decisions:
how and by whom should facts and circumstances be gathered?⚖️

If an administrative body imposes a penalty decision, such as an order subject to a penalty or an order subject to administrative coercion, this must be based on a verifiable determination of relevant facts and circumstances. After all, enforcement action is only possible if there has been a violation.
 
In the ruling of the Administrative Law Division of the Council of State of 13 August 2025, it had to be determined how and by whom these facts and circumstances should be gathered. In this case, the council had decided not to take enforcement action on the basis of checks carried out by an expert, but had disregarded photographs from third parties that were relevant.

The Division ruled that the facts and circumstances must be established by an expert, on the instructions of the competent authority. The established facts and circumstances must then be recorded in a clear manner. This can be done in a written report, for example, but also with photographs. The relevant facts and circumstances do not have to be observed (only) by the expert himself. Facts and circumstances can also be established by inferring them from documents found by the expert. These may include photographs taken by third parties or other types of information and documents. In some cases, it is therefore not sufficient to base a decision on whether or not to take enforcement action solely on checks carried out by the expert if other relevant information is also available that needs to be considered. 

Read the ruling here.