Legislator Case Law & Legislation
ECLI:NL:RVS:2020:2452 ECLI:NL:RVS:2020:2452 AI generated

Ruling dismissed interim relief request; new permit decision required without suspension.

Case Number ECLI:NL:RVS:2020:2452
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The provisional judge rejected the mayor's request for an interim order to suspend the lower court's judgment. The mayor argued that a new permit decision was burdensome, but the court found no evidence of disproportionate hardship. Consequently, the mayor must issue a new, adequately motivated decision on the objection, which can be reviewed in the appeal.

Legislator headnote

AI generated

Article 8:81 Awb; Article 8:75 Awb: An interim order suspending a judgment is only warranted if the judgment is so flawed that it would clearly impose an undue burden on the authority to issue a new decision.

Keywords

AI generated
interim relief administrative suspension proportionality test new decision burden permit procedure

Cited Legislation

AI generated
Article 8:81 Awb
Article 8:75 Awb
artikel 8:81 van de Algemene wet bestuursrecht

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