Legislator Case Law & Legislation
ECLI:NL:RBOBR:2025:8497 ECLI:NL:RBOBR:2025:8497 AI generated

Provisional injunction granted to suspend enforcement of environmental fine due to procedural defects in the administrative decision.

Case Number ECLI:NL:RBOBR:2025:8497
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The provisional judge granted a request to suspend the enforcement of a €50,000 fine imposed for unauthorized housing construction. Although the applicant admitted to the violation, the court found the administrative decision contained procedural flaws requiring correction by the municipality. Consequently, the enforcement order was suspended pending the resolution of these defects.

Legislator headnote

AI generated

Articles 1:11 and 1:12 of the General Administrative Law; The court may grant a provisional injunction to suspend enforcement of an administrative decision if the decision contains defects that must be remedied, even if the underlying violation is admitted.

Keywords

AI generated
provisional injunction suspension of enforcement procedural defects environmental fine omgevingsrecht administrative decision scheduling error

Cited Legislation

AI generated
Articles 1:11 and 1:12 of the General Administrative Law
Article 2.1(1)(d) of the Planning and Building Act
Article 2.2 of the Environmental Decision Regulation
artikel 4:5 van de Awb
artikel 4:20b van de Awb
artikel 5:32b Awb

Cited Case Law

AI generated
AI generated

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