Legislator Case Law & Legislation
ECLI:NL:RVS:2026:3776 ECLI:NL:RVS:2026:3776 AI generated

Administrative appeal dismissed due to late filing; applicant failed to prove timely deposit in court mailbox.

Case Number ECLI:NL:RVS:2026:3776
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Council of State confirmed the lower court's decision declaring the administrative appeal inadmissible. The appellant deposited the appeal in the court's mailbox but failed to prove receipt before the statutory deadline of March 1, 2024. The court rejected the appellant's testimony and her husband's affidavit as insufficient objective evidence to establish timely delivery.

Legislator headnote

AI generated

Article 8:40 of the General Administrative Law; Article 8:41 of the General Administrative Law: An administrative appeal is inadmissible if filed after the deadline, and the appellant bears the burden of proving timely receipt, which requires objective evidence beyond personal testimony.

Keywords

AI generated
administrative appeal inadmissibility statutory deadline burden of proof mailbox deposit objective evidence testimony insufficiency

Cited Legislation

AI generated
Article 8:40 of the General Administrative Law
Article 8:41 of the General Administrative Law
artikel 8:67 van de Algemene wet bestuursrecht

Cited Case Law

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