The Administrative Law Division of the Council of State opens the door for third parties in cases involving administrative fines

On April 22, 2026, the Administrative Law Division of the Council of State issued a notable ruling regarding the standing of third parties in administrative fine proceedings. The central issue was whether the FNV trade union was entitled to challenge a fine imposed on a transport company.

FNV had conducted an investigation into the working conditions of truck drivers. This revealed that rules regarding rest periods were being violated. FNV shared its findings with the Human Environment and Transport Inspectorate (ILT) of the Ministry of Infrastructure and Water Management. ILT incorporated FNV’s findings into its own investigation and concluded that the transport company had indeed violated the rules. The minister subsequently imposed an administrative fine of € 10,500.00.

FNV wanted to be involved in the proceedings and to be able to object to the decision. However, the minister and later the court ruled that FNV was not an interested party and therefore could not challenge the fine. FNV disagreed and filed an appeal with the Administrative Jurisdiction Division.

The Division then had to assess whether a third party can also be an interested party in a penalty decision. This is because the legislature did not include any provisions regarding the status of third parties in penalty decisions in the section of the General Administrative Law Act (Awb) containing special provisions on administrative penalties. The Division therefore assumes that the general definitional provisions of the Awb regarding interested party status (Article 1:2 Awb) also apply to penalty decisions. This means that the third party must have a sufficiently objective, current, independent, and personal interest that is directly affected by the penalty decision. If these requirements are met, the third party is an interested party in the penalty decision.

Regarding the position of FNV, the Division ruled as follows. FNV’s purpose is to advocate for the interests of employees, including truck drivers. To that end, it conducts studies, for example. In doing so, it represents a sufficiently specific collective interest. That interest is directly affected by the penalty decision against the transport company, as this may have (positive) consequences for the drivers’ working conditions. FNV therefore has an interest in the effectiveness and the amount of the penalty and can be classified as an interested party in the penalty decision.

What does this mean in practice? If the requirements of Article 1:2 of the General Administrative Law Act (Awb) are met, third parties may also be considered interested parties in a penalty decision. It is not yet clear what consequences this has for the person on whom the penalty is imposed. The Administrative Jurisdiction Division leaves this to the legislature to decide. 

Do you have questions about your position (as a third party) in an enforcement proceeding? Please contact Gerard van der Wende or me.

You can read the ruling here.