Court rejects interim request to delay new administrative decision pending appeal review.
Sintesi Legislator
Generato dall'IAThe court dismissed the municipality's request for an interim order to postpone issuing a new administrative decision while its appeal was pending. The municipality argued that executing the lower court's annulment order would cause irreparable harm, but the court found no evidence that the six-week deadline was insufficient or that consequences could not be remedied. Consequently, the court ordered the municipality to issue the new decision within the statutory timeframe to ensure efficient dispute resolution.
Regesto Legislator
Generato dall'IAArt. 8:81 Awb; Art. 6:19 Awb: An interim order to delay the execution of a judgment annulling an administrative act is refused where the executing authority can reasonably complete a new decision within the prescribed period and the appeal can be reviewed upon that decision's issuance.