Appealing against a decision of the administrative court
In most cases, a decision made by an administrative court is subject to appeal to the Supreme Administrative Court.
Several types of matters require leave to appeal to the Supreme Administrative Court, such as tax matters, alien matters and construction matters. Leave to appeal is also required in several matters pertaining to training, licences and government grants. As of 1 January 2018, leave to appeal is required for appeals against almost all decisions made under the Environmental Protection Act, the Water Act, the Land Use and Building Act and the Land Extraction Act, and against decisions on derogations from the Birds Directive and the Habitats Directive issued by an administrative court.
When leave to appeal is required in a matter, the Supreme Administrative Court first examines whether grounds for such leave to appeal exist in the case in question. Leave to appeal is granted under the Administrative Judicial Procedure Act, if the matter involves a need for a precedent or an obvious error, or if there is another serious reason for issuing a decision on the merits of the case. Exceptions to this rule are laid down for example in the Aliens Act. A request for leave to appeal may appear in the same document as the appeal itself. The reason why leave to appeal should be granted must be indicated in the appeal document. Once leave to appeal has been granted, the Supreme Administrative Court issues a substantive decision on the appeal.
Appeal against a decision made by an administrative court is only banned in certain rare types of matters, in which case no appeal can be made to the Supreme Administrative Court. Such a ban applies e.g. to certain social welfare matters.
The Supreme Administrative Court is the highest administrative court which decides on the lawfulness of an administrative decision as the court of last instance. Decisions of the Supreme Administrative Court are not subject to appeal.
A decision by the administrative court always includes a reference to the possibility of further appeal, the need for leave to appeal or an eventual appeal ban. If there is no appeal ban, appeal instructions are attached to the decision, containing detailed information on how to appeal and how to request leave to appeal.
The time limit for an appeal to the Supreme Administrative Court and for requesting leave to appeal is stated in the appeal instructions. Normally the time limit is 30 days from the date of service of the decision. The manner in which the date of service is determined is explained in the appeal instructions.