Administrative appeal against university exam board's failure to decide within statutory deadline is allowed; interim relief denied.
Legislator-Zusammenfassung
KI-generiertThe court declared the appellant's administrative appeal admissible due to the exam board's failure to decide within the mandatory ten-week period. The appellant argued for immediate interim relief to start studies and damages, while the university contended the decision was not yet substantively flawed. The court granted the appeal to compel a decision but rejected interim measures because the university's refusal was not evidently incorrect and the appeal lacked suspensive effect.
Legislator-Regeste
KI-generiertArt. 7:61, lid 4 Wtho; Art. 8:81 Awb; Art. 8:86 Awb: Where an administrative body fails to decide within the statutory period, the appeal is admissible, but interim relief is denied if the underlying decision is not evidently incorrect and the appeal lacks suspensive effect.