EU and Sanctions & Administrative Law

Due to the tax backround of attorney-at-law employed at Rechta Advocatuur, there is a broad experience with procedures in the field of administrative law and litigation at the different courts in the Netherlands. It concerns procedures against decisions of municipalities, the tax inspectorate, the Social Insurance bank (SVB) and also against supervisors and ministers, such as the minister of Finance.

At every moment of the procedure Rechta Advocatuur can assist you, as of the objection against an administrative decision to and included the appelationprocedure. For example an objection against the decision of the tax inspector or the attendance of a hearing. There are several appelation courts in the Netherlands: Four general appelation courts, one so-called administrative jurisdiction division of the Council of State in The Hague and the Central Appeals Tribunal in Utrecht.

Opposition procedures or a preliminary injunction are possible ways of litigation as well. (For appeals at the Supreme court it is recommended to ask a specialized supreme court attorney).

Rechta Advocatuur can assist also when the taxinspectorate wants to control the books of the company, the so-called: “boekenonderzoek”.  The fact that you have not to discuss the issue’s directly with the taxinspectorate but via the tax lawer of Rechta Advocatuur can help already.

Administrative litigation law is based on the administration law act and other acts such financial supervision, customs, sanction law and economic crimes. The attorney at Rechta Advocatuur can assist you to understand your legal position and what steps have to be taken first of al. All information will be handled with the highest confidentiality.

The attorney at Rechta Advocatuur can assist you also in obtaining the file from the governmental instance to whom a possible objection will be addressed. It is practice that not every governmental organization easily provides information to a party who is planning to set up court proceedings, however they are obliged to provide. Generally spoken it is more easy for an attorney to ask for the file because then the ‘’emotion’’ is out of the communication between client and government or supervisor. After the file has been received the discussion can start, the analysis of the case can be made and if it has sense to set up court proceedings this can be done or it is preferred to settle the case an appointment with the government or supervisor can be made.

Normally the Dutch government provides a period of six weeks for objection or appelation against their decisions. This is a fatal deadline. Because of that reason it is recommended not to wait until the end of the objection term and to inform your attorney in time.

For more information about the EU sanction law against Russia, Eatern-Ukraine and Crimea: see the enclosed newsletters hereafter, written by the attorney at Rechta over the period August 2014 until August 2015, available in Dutch and in Russian. Upon request the tekst can be made available in English.

Newsletters:

Boekje sancties NL versie

Memo Sancties NL 6

Booklet about the sanctions, available in Dutch and Russian.