Enforcement request withdrawn, but still entitled to penalty payment for exceeding limit

When an administrative body takes too long to make a decision, thereby exceeding the so-called decision period, interested parties may claim a penalty payment from that administrative body. However, in the case before the Administrative Law Division of the Council of State, which is discussed in this blog, a debate arose as to whether the administrative body is still liable for the penalty if it no longer needs to take a decision. 

The situation was as follows: an interested party had submitted an enforcement request. The administrative body did not decide on this request in time. The interested party therefore submitted a notice of default and requested payment of a penalty. The interested party then withdrew the enforcement request, but requested that the administrative body take a decision on the notice of default and the penalty. The administrative body was of the opinion that the penalty was no longer payable because the enforcement request had been withdrawn. 

The Division disagreed. It ruled that the administrative body had to pay the penalty for the period between the expiry of the notice of default and the withdrawal of the enforcement request. The reason for this is that the withdrawal of the enforcement request does not mean that the interested party cannot be retroactively regarded as an interested party in the decision on the enforcement request. In other words, the interested party was an interested party both before and after the withdrawal of the enforcement request. 

In practice, you may be entitled to payment of a penalty by an administrative body more often than you might think. Do you have questions about claiming a penalty after the decision period has expired? Please contact Gerard van der Wende or Fleur Huisman. 

You can read the ruling here.