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How to Object or Appeal

Do you disagree with a decision? Then you have the right to object, according to the law.

You can do this by sending us a letter of objection. You should do this as soon as possible after receiving a decision from Fijnder and no later than six weeks after you received the decision.  

Where can you send your letter of objection?

By post

You can send a letter of objection by post. Please send this letter to: Postbus 109, 7140 AC, Groenlo. The letter must contain the following information: 

  • Your name and address.
  • The date on the letter you received from Fijnder.
  • The decision you disagree with (the date and/or subject of the decision). 
  • The reason(s) you disagree with the decision. 
  • Your signature.

What happens after you’ve sent your letter of objection?

First, you will receive a letter to confirm that we’ve received your letter. Next, an independent committee will look into your objection. The committee will always invite you to a hearing about the issue. Before the hearing we will send you all the information you need for the hearing. This is called the ‘case file’. 

Hearing

The hearing is not public. A report will be written about the hearing. During the hearing, the committee may ask you, or the person representing Fijnder, questions about the issue, if something isn’t clear. The person representing Fijnder will explain how Fijnder came to their decision. 

Attending the hearing

During the hearing, you can explain why you disagree with the decision. You can do this yourself, but you can also ask someone else to do it for you. Make sure that you give the other person (written) permission to speak for you. If you bring a lawyer to the hearing, you do not have to give them permission.

Not attending the hearing

You do not have to attend the hearing. If you do not attend, your letter of objection will be judged on the information available.  

If you cannot come to the hearing

You've received an invitation to a hearing, but you cannot come to the hearing on that date. If this happens, you can ask the committee’s secretary to move the hearing to another date. The secretary may ask why you can't come. 

How long will it take? 

After the hearing, the committee members will discuss your objection. Sometimes the committee needs extra information from Fijnder. If the committee does not need extra information, they will give the board of Fijnder their advice in writing. After that, the board of Fijnder takes a decision about your objection. You will receive their decision about your objection within twelve weeks of the date you sent your objection. If it’s not possible to take a decision within twelve weeks, the committee will let you know. Fijnder's board can take several decisions: 

  • Your objection is declared fully or partially valid. This means that you’re completely right or partially right. 
  • Your objection is declared invalid. This means that the board does not agree with your objection. In that case Fijnder’s decision is not changed. 
  • Your objection is declared inadmissible. This means that your objection will not be dealt with. This may happen if you sent your letter of objection too late or because you did not indicate which decision you disagree with. 

Appeal

If you do not agree with the decision about your letter of objection, you can appeal. To appeal, you need to send a letter of appeal to the Court within six weeks. This can only be done by post. The address of the Court is:

Rechtbank Gelderland
Afdeling Bestuursrecht
Postbus 9030
6800 EM Arnhem

A judge will hear your case. If the judge does not agree with your objection, you can appeal to a higher court, the Central Board of Appeal in Utrecht. If the judge does agree with you, but Fijnder does not agree with that, Fijnder can also appeal to the Central Board of Appeal in Utrecht.

Provisional relief

If these procedures take too long for your situation, you can ask the court for provisional relief. This is a temporary decision to undo Fijnder’s decision. The judge will let you know if you can get this provisional relief or not. Please note: you will have to pay to apply for provisional relief.