Contributed By Vondst Advocaten N V
In general, the enforcement process starts with a suspicion or a complaint. The regulator can then decide to launch an investigation. The findings of this investigation are recorded in a report (called a statement of objections). The offender is given the opportunity to express their opinion in writing or orally. If the regulator decides to impose a penalty, it will lay down this penalty in a penalty decision. This decision will in principle be published on the website of the regulator.
Within six weeks after the penalty decision the offender can file an objection with the regulator. During the objection process, the interested parties are given the opportunity to be heard at an oral hearing. The regulator then renders a written decision. The offender can appeal this decision with the District Court and ultimately appeal the judgment of the District Court either with the Administrative High Court for Trade and Industry or the Administrative Jurisdiction Division of the Council of State.