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CAN I OBJECT TO AN ACNL DECISION OR COMPLAIN ABOUT ACNL?

OBJECTIONS

The Netherlands General Administrative Law Act (Algemene wet bestuursrecht) provides that interested parties can make an objection against an order of ACNL, in case such order constitutes a public law act as referred to in article 1:3 of the Netherlands General Administrative Law Act (Algemene wet bestuursrecht). An interested party means a person or legal entity whose interest is directly affected by an order (article 1:2 of the Netherlands General Administrative Law Act (Algemene wet bestuursrecht).

The time limit for submitting a notice of objection shall be six weeks. The time limit shall start on the day after that on which the order is notified in the prescribed manner (articles 6:7 and 6:8 of The Netherlands General Administrative Law Act (Algemene wet bestuursrecht).

The notice of objection shall be sent to:

ACNL
Evert van Beekstraat 1-23
1118 CL Schiphol

or by email: [email protected]

The notice of objection shall be signed and shall contain at least:
(a) the name and the address of the submittant;
(b) the date;
(c) a description of the order against which the objection is addressed;
(d) the grounds for the objection.

ACNL is of the provisional opinion that the following decisions constitute orders (public law acts) as referred to in article 1:3 of the Netherlands General Administrative Law Act (Algemene wet bestuursrecht):

  • Slot allocation list,
  • Confirmation (or refusal to confirm) of transfers or exchanges (article 8a Slot regulation),
  • Confirmation (or refusal to confirm) by the coordinator of a change of use of slots (8.10 WSG)
  • Withdrawal of slots
  • The allocation of an ad hoc slot (or the refusal to allocate an ad hoc slot).

ACNL is of the provisional opinion that the following decisions (as they are only preparatory decisions) do not constitute public law acts (example, not complete):

• Slot historic list.

MAKING A COMPLAINT

If you have a complaint about the way you have been treated by ACNL, you can make a complaint in writing (by email or letter). The email or letter contains the substance of the complaint, name and address of the person lodging the complaint and the date.

You can send the email to [email protected] or send the letter to:

ACNL
Evert van Beekstraat 1-23
1118 CL Schiphol.

ACNL has to follow a formal procedure to deal with your complaint. This procedure entails the following:

  • You will receive confirmation of your complaint,
  • An official who was not involved in the matter of your complaint, will deal with the complaint,
  • Both the complainant and the complainee are given the opportunity to be heard.

Complaints are generally dealt with within 6 weeks. If you are unsatisfied with the way your complaint has been dealt with of with the outcome, you can lodge a complaint with the Nationale Ombudsman.

Please note that it is not possible to file a complaint in case the General Administrative Law Act opens the possibility to lodge an objection.

You can read here more information about the procedure (Dutch only).

CCN

The Coordination Committee Netherlands (CCN) has to make proposals and advise on e.g. increasing airport capacity, coordination parameters and local guidelines. The CCN also has the task to mediate between all parties concerned on the allocation of slots.

Without prejudice to the right to lodge an objection and appeal, Council Regulation No 95/93, article 11 of the Slot regulation stipulates that complaints regarding the application of Articles 7(2), 8, 8a, 10 and 14 (1) to (4) and (6) shall be submitted to the Coordination Committee.

This information has been composed with the utmost care. However no rights can be derived from it.

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