The position of third parties (employee, trade union, competitor, interest group etc.) has been strengthened in punitive enforcement disputes. This follows from two rulings of the Administrative Jurisdiction Division on…
read moreThe cumulative effect resulting from fining different companies within the same group can affect the amount of the fine, according to a judgment of the Administrative Jurisdiction Division of 21…
read moreIn a judgment of 26 October 2016, the Administrative Jurisdiction Division gave a new interpretation to the inherent power to derogate of Article 4:84 of the General Administrative Law Act…
read moreOn 11 May 2016, the Administrative Jurisdiction Division reviewed of its own motion that the administrative authority had failed to demonstrate sufficiently that an offence had been committed, despite the…
read moreOn 20 June 2016, the District Court of Midden-Nederland rendered an important judgment for the practice of fines under the Foreign Nationals (Employment) Act (FNA). The Court sets aside the…
read moreThe Administrative Jurisdiction Division ruled in its judgment that the financial situation of a parent undertaking can be taken into account when determining the financial strength of its fined subsidiary…
read moreIn this case, an administrative fine imposed on an employer for employing a foreign national without a work permit and it’s subsequent criminal prosecution for human smuggling do not result…
read moreOn 9 March 2016, the Administrative Jurisdiction Division ruled that a fine can be mitigated in case of recidivism, even if the law or regulation obliges the administrative authority to…
read moreOn 11 December 2015, the Dutch Supreme Court held that a party can rely on a clause to recover a fine imposed by a public body (verhaalsbeding) from a contractual…
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