2016

Position of third parties has been strengthened in administrative penalty law

Position of third parties has been strengthened in administrative penalty law 1000 750 SarisLaw

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…

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What are the consequences of cumulative fines if administrative fines are imposed on different companies within the same group?

What are the consequences of cumulative fines if administrative fines are imposed on different companies within the same group? 1000 667 SarisLaw

The 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…

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New approach to ‘special circumstances’ within the meaning of Article 4:84 of the General Administrative Law Act: significance for deviating from the administrative penalty policy

New approach to ‘special circumstances’ within the meaning of Article 4:84 of the General Administrative Law Act: significance for deviating from the administrative penalty policy 1000 674 SarisLaw

In 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…

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Administrative court automatically checks whether a punitive sanction was justified

Administrative court automatically checks whether a punitive sanction was justified 1000 668 SarisLaw

On 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…

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Standard fines in Article 15 of the Foreign Nationals (Employment) Act are disproportionate

Standard fines in Article 15 of the Foreign Nationals (Employment) Act are disproportionate 1000 667 SarisLaw

On 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…

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Combined financial strength: financial situation of parent company may be taken into account when determining the financial standing of the subsidiary that is being fined

Combined financial strength: financial situation of parent company may be taken into account when determining the financial standing of the subsidiary that is being fined 1000 563 SarisLaw

The 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…

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Supreme Court: no ne-bis-in-idem in criminal proceedings for human trafficking after an administrative fine has been imposed for employing foreign nationals

Supreme Court: no ne-bis-in-idem in criminal proceedings for human trafficking after an administrative fine has been imposed for employing foreign nationals 1000 667 SarisLaw

In 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…

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Proportionality of fines in case of a repeat offence: no automatic increase of fines!

Proportionality of fines in case of a repeat offence: no automatic increase of fines! 1000 750 SarisLaw

On 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…

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Arrangements among parties are allowed regarding the apportionment of liability for fines

Arrangements among parties are allowed regarding the apportionment of liability for fines 1000 667 SarisLaw

On 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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