Publication and publication of a decision: a key difference

It is often a point of debate: the date of notification and the date of publication of a decision. Which of the two is now leading for the start of an objection or appeal period? This is essential information, because if the wrong date is chosen, a citizen or company may simply be too late to file an objection or appeal because the deadline has already passed. 

Such a situation was discussed in the decision of the Administrative Law Division of the Council of State on 9 April 2025. A third party had objected to an environmental permit granted to Vodafone Libertel B.V. to erect an antenna set-up point. However, the college of the municipality of Emmen had declared that objection inadmissible because the objection period had already expired before the objection was submitted. In fact, the decision to grant the licence was already dated 18 October 2022, which meant that the objection period had started on 19 October 2022. The third party did not file an objection until 8 December 2022. By then, the objection period had already expired, making the objection too late and declared inadmissible. The third party could not agree with the inadmissibility declaration, as it believed that the publication in the Municipal Gazette was incorrect. Indeed, the publication stated that ‘the date of publication was mentioned first’. According to the third party, that first mentioned date is 1 November 2022 and not 18 October 2022. This lack of clarity in the publication could not be blamed on the third party. 

The Division ruled that it is clear that the decision to grant the permit was published to the applicant on 18 October 2022, after which the objection period began. The notice was then published in the Municipal Gazette. According to the Division, there is no reason to rule that there is an unclear publication in the Municipal Gazette, as it clearly states that the environmental permit was announced on 18 October 2022. The fact that the top right of the page shows the date 1 November 2022, the date of issue of the Municipal Gazette, does not mean that this is the publication of the decision. After all, this is the date of publication. The Division also took into account that the third party was assisted by a professional legal adviser and therefore more could be expected of him. 

In short, this means that it is very important to keep an eye on when the objection or appeal period actually starts to run. After all, filing a notice of objection or appeal too late can have major consequences. 

Do you need help objecting to or appealing a government decision? Then contact Gerard van der Wende or with Fleur Huisman. We will be happy to help you. 

Read the ruling here.