Successful reliance on the trust principle: exceptional but not impossible!

In previous blogs, I have already discussed the principle of reliance and how difficult it is to successfully invoke it. To refresh the mind, I will give a brief explanation of what exactly the principle of the protection of legitimate expectations means. The principle of confidence means that citizens and companies must be able to trust that a promise made by an administrative body or a legal provision will actually be fulfilled or complied with. There are quite a few snags with this principle. The main stumbling block is that it must be a commitment by an administrative body. In many cases, reliance on the principle of the protection of legitimate expectations runs aground on this, because a promise cannot be attributed to the administrative body.

Nevertheless, there are also cases where reliance on the principle of reliance does succeed. This was the case in the 20 March 2025 ruling of the Central Netherlands District Court. This case centred on an environmental permit for the realisation of a harbour in Oud-Loosdrecht. The initiator had made agreements with the municipality on the arrival of the port. In order to obtain the environmental permit, sufficient parking spaces had to be available. To help the initiator, the council had agreed to provide those parking spaces so that this would not be an obstacle to granting the environmental permit. No sooner said than done. The single permit was granted, partly on the basis that the municipality would realise the parking spaces. Subsequently, local residents objected, after which the council decided not to realise the parking spaces after all and revoked and refused the permit. The initiator appealed against the decision on objection, invoking (among other things) the principle of the protection of legitimate expectations.

The judge ruled that there was a clear commitment by an administrative body because the commitment was made in a consultation, a decision and a letter. The college itself was present at the consultation about the parking spaces, it is a decision of the college itself and the letter was signed on behalf of the college. This means that the initiator's reliance on the principle of legitimate expectations succeeds. 

This ruling shows that there are indeed situations where reliance on the principle of legitimate expectations succeeds. However, the strict standards set for this must be met.

You can read the ruling here.