ECLI:NL:RVS:2020:2452
ECLI:NL:RVS:2020:2452
AI generated
Ruling dismissed interim relief request; new permit decision required without suspension.
Legislator summary
AI generatedThe 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 generatedArticle 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 generatedArticle 8:81 Awb
Article 8:75 Awb
artikel 8:81 van de Algemene wet bestuursrecht