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.
Legislator summary
AI generatedThe 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 generatedArticle 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 generatedArticle 8:40 of the General Administrative Law
Article 8:41 of the General Administrative Law
artikel 8:67 van de Algemene wet bestuursrecht