fine

How should the court reason on the level of fines. Supreme Court provides framework.
How should the court reason on the level of fines. Supreme Court provides framework. 2560 1708 SarisLaw

In its judgment of 29 May 2020 (ECLI:NL:HR:2020:973), the Supreme Court devoted an interesting consideration to how the tax court should assess the proportionality of administrative penalties. The Supreme Court…

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ACM is obliged to publish the decision in which it refrains from imposing a fine
ACM is obliged to publish the decision in which it refrains from imposing a fine 2560 1096 SarisLaw

The Act establishing the Netherlands Authority for Consumers & Markets (Act) obliges the ACM to publish a decision in which a serious infringement (such as infringement of the prohibition on…

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Administrative judge is obliged to caution the (legal) person on whom a fine is imposed at a hearing
Administrative judge is obliged to caution the (legal) person on whom a fine is imposed at a hearing 2560 1707 SarisLaw

In its judgment of 15 November 2019, the Supreme Court (Tax Division) ruled that in administrative penalty cases, the administrative judge is obliged to always caution a person on whom…

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Company size matters: lower fines for part-time workers under the working conditions legislation
Company size matters: lower fines for part-time workers under the working conditions legislation 2560 1496 SarisLaw

On 7 November 2018, the Administrative Jurisdiction Division issued a final judgment that was important for the practice of fines imposed under the working conditions legislation. It stipulates that when…

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Fines for co-perpetrators in administrative law
Fines for co-perpetrators in administrative law 1000 665 SarisLaw

Not only in criminal law but also in administrative law, co-perpetrators, in addition to perpetrators, can be faced with an administrative fine. A ruling by the Administrative Jurisdiction Division of…

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Fine overthrown: amount of fine in municipal Housing Bylaw is in breach of the law
Fine overthrown: amount of fine in municipal Housing Bylaw is in breach of the law 1000 667 SarisLaw

On 13 June 2018, the Administrative Jurisdiction Division issued an important ruling for the practice of fines. In that case, the Division ruled that there was no basis for imposing…

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Administrative Jurisdiction Division applies the administrative loop when determining the amount of a health & safety fine. The size of a company affects the amount of the fine
Administrative Jurisdiction Division applies the administrative loop when determining the amount of a health & safety fine. The size of a company affects the amount of the fine 1000 667 SarisLaw

On 14 March 2018, an interlocutory decision of the Administrative Jurisdiction Division was published in which it applied an administrative loop in assessing the amount of an administrative fine. This…

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How is administrative enforcement of the General Data Protection Regulation (GDPR) organised in the Netherlands?
How is administrative enforcement of the General Data Protection Regulation (GDPR) organised in the Netherlands? 1000 667 SarisLaw

On 25 May 2018, the General Data Protection Regulation (GDPR) will enter into force. The regulation has direct effect in the Dutch legal system. As a result, the Dutch privacy…

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Special report government: more legal protection for citizens and companies that are confronted with administrative fines? The consequences for existing enforcement practice
Special report government: more legal protection for citizens and companies that are confronted with administrative fines? The consequences for existing enforcement practice 2560 1702 SarisLaw

On 26 April 2018, the government announced its long-awaited vision of how it will improve legal protection for companies and citizens facing administrative fines. This special report is a response…

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Long-term publication of information on asbestos fines on the website of the Inspectorate SZW is permitted
Long-term publication of information on asbestos fines on the website of the Inspectorate SZW is permitted 1000 667 SarisLaw

On 2 August 2017, the Administrative Jurisdiction Division ruled on the permissibility of the publication of asbestos fines on the website of the Inspectorate SZW (ECLI:NL:RVS:2017:2086). In this blog post,…

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