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A notice of objection or appeal must be submitted within the time limit (usually six weeks for an objection). If you miss the deadline, this is only excusable if you were not reasonably at fault — for example, due to a sudden illness or an accident shortly before the deadline. According to the Business Appeals Tribunal, this leeway also applies if you engaged a professional intermediary.
In principle, a notice of objection submitted too late is declared inadmissible. The objection period is usually six weeks: the document must be sent before the end of that period and received no later than one week thereafter — the postmark is therefore important. Only if the submitter could not reasonably have been at fault can a late objection still be deemed admissible.
The case: late due to a bicycle accident
The objection period ended on August 28, 2020. The notice of objection was dated August 25, but bore a postmark of September 3 and was received on September 4 — too late, and therefore declared inadmissible. The submitter (a sole proprietor) considered the exceeding of the deadline excusable.
Her representative, a professional intermediary, had only drafted the notice of objection on August 25 due to a busy schedule — still on time. Later that day, he sustained a hand injury and a concussion in a bicycle accident and had to stop working immediately on doctor's advice. As a result, he was unable to review, print, and send the document. The Minister did not consider this an excuse: a professional intermediary, of all people, should have his affairs in order and, for example, arrange for backup.
The verdict: the exceeding of the time limit is excusable
The Business Appeals Tribunal based its decision on a Supreme Court ruling of 18 November 2016 (ECLI:NL:HR:2016:2599). It follows from this that an applicant cannot be required to submit well before the end of the deadline in view of the risk of illness. The Tribunal did not follow the argument that this would not apply to professional intermediaries. Moreover, it took into account that the applicant operates a sole proprietorship and could hardly take measures at the last minute. The Minister should have taken this into account and was granted six weeks to make a new decision.
The lesson: guard your deadlines
Responding in a timely manner is important not only for objections against subsidies or tax assessments, but also when complaining to a supplier about an invoice or collecting an unpaid invoice. Do not wait until the last moment.
Frequently Asked Questions
How long is the objection period?
Usually six weeks. The notice of objection must be sent within that period and received no later than one week thereafter; the date of the postmark counts.
When is a late objection nevertheless admissible?
If the submitter has not reasonably been in default, for example due to sudden illness or an accident just before the deadline. This may also apply if a professional intermediary has been engaged.
Do I always have to submit well before the deadline?
That is sensible, but according to the Supreme Court, you cannot be required to file well in advance out of fear of illness. However, arranging a backup remains smart.
Questions about deadlines or a dispute?
Monitoring deadlines is crucial, whether it concerns objections, complaints, or debt collection . The legal experts at MKB Juristen help you take the right steps on time. Schedule an intake meeting .
