Pro forma appeal in administrative law at Rotterdam District Court

Pro forma appeal for Rotterdam residents

As a resident of Rotterdam, a pro forma appeal is a quick way to secure the appeal deadline in administrative law. You submit a brief appeal notice with basic details such as your name, the contested decision, and the date you were notified. This buys you time later to fully elaborate it, ideal when you're short on time for research or advice from the Juridisch Loket Rotterdam.

Why opt for a pro forma appeal in Rotterdam?

In general administrative law, you generally have six weeks from the publication of an administrative decision, such as one from the Municipality of Rotterdam, to appeal to the Rotterdam District Court. Lacking grounds yet? A pro forma appeal prevents dismissal as inadmissible. The court registry then grants four weeks to supplement it.

Rotterdam residents often use this while waiting for additional information, such as a second opinion or help from the Juridisch Loket Rotterdam. Otherwise, you risk losing your right to a hearing.

Legal basis for pro forma appeals

The General Administrative Law Act (Awb) provides the foundation for a pro forma appeal:

• Article 6:12 Awb: Appeal notice must contain at least grounds; defects can be remedied.
• Article 8:5 Awb: Timely filing is essential; pro forma counts.
• Article 8:23 Awb: Registrar sets a four-week period for supplementation.

Article 6:9 Awb explicitly regulates pro forma objections, but in the appeal phase, this applies via case law from the Administrative Jurisdiction Division of the Council of State and Rotterdam District Court. This efficiently protects your rights.

Step-by-step guide to drafting a pro forma appeal notice

Keep it short and simple for filing with Rotterdam District Court:

1. Letter with your details, name of representative (if applicable), contested decision (copy), notification date, and 'Pro forma appeal against this decision'.
2. Motivation to follow later.
3. Send within six weeks to Rotterdam District Court, Council of State, CBb, or CRvB.
4. Use registered mail or the Rechtspraak berichtenbox for proof.

Example pro forma appeal notice for Rotterdam:

[Your name and address]
[Date]

Rotterdam District Court
Kennemerland 1
3011 EM Rotterdam

Subject: Pro forma appeal against decision dated [date]

Dear Sir or Madam,

Herewith I lodge a pro forma appeal against the decision of [administrative body, e.g. Municipality of Rotterdam] dated [date], of which I was notified on [date].

Grounds to follow shortly.

Yours sincerely,
[Your name]

Differences: pro forma vs. full appeal

Practical examples from Rotterdam

Example 1: Termination of benefits. On January 1, the Municipality of Rotterdam decides to stop your benefits effective February 1. Appeal deadline ends February 14. You file pro forma on February 10 with Rotterdam District Court while awaiting financial documents. Registry grants extension until March 10. This preserves your chance.

Example 2: Environmental permit refused. Municipality of Rotterdam refuses your permit on March 15. Pro forma to Rotterdam District Court, supplemented later with reports. Prevents rejection for missing the deadline.

These Rotterdam cases illustrate its value in local matters.

Your rights and obligations

• Rights: Deadline protection, right to supplement (art. 8:23 Awb), no court fee for pro forma. Seek free advice from Juridisch Loket Rotterdam.
• Obligations: Supplement on time, notify the administrative body.

Failure to comply leads to inadmissibility and possible cost orders.

Frequently asked questions