Contributed By Nysingh Advocaten-Notarissen N.V
Once the ACM has issued a decision, the addressees of the decision may lodge an objection with the ACM itself. One may, however, ask the ACM in the notice of objection to agree with a direct appeal against the decision with the District Court. The objection must be lodged within six weeks of the decision being received. If the ACM agrees with the direct appeal, it will forward the notice of objections and the file to the Court. If the ACM does not agree with a direct appeal to the Court, it will reconsider its decision, after having heard the company that lodged the objection. After the ACM has decided on the objection, an appeal may be lodged with the District Court of Rotterdam, again within six weeks of the decision on the objections being issued.
An appeal against a judgment of the District Court can be lodged with the Trade and Industries Appeal Tribunal.
Both the District Court and the Trade and Industries Appeal Tribunal have full jurisdiction and can therefore review the ACM’s findings of facts and legal assessments, as well as sanctions.