Drafting a pro forma notice of appeal: this is what it should contain

You draft a pro forma notice of appeal by submitting a brief document to the administrative court within the appeal period that identifies the contested decision and indicates that the grounds will follow later. You do not yet need to write out the arguments, but the formal components must be correct: your details, the date, a description of the decision, and your signature. The court then grants a period to rectify the substantiation. Below, you can read exactly which components belong in the document and where things go wrong.

The short answer

• State your name and address, the date, and a clear description of the decision (Article 6:5, paragraph 1 of the General Administrative Law Act).
• Indicate that you are lodging an appeal and that the grounds will follow within the rectification period.
• Sign the document and submit it within six weeks of publication (Article 6:7 of the General Administrative Law Act).
• Attach a copy of the contested decision if you have one.
• The court supplements the absence of grounds with a remedial period (Article 6:6 of the General Administrative Law Act).

Drafting a pro forma notice of appeal: what must be included

A pro forma notice of appeal is also a notice of appeal, so Article 6:5 paragraph 1 of the General Administrative Law Act applies in full. This entails four fixed components. First, your name and address, so that the court knows who is lodging the appeal. Second, the date, the date on which you sign the document. Third, a description of the decision against which you are challenging: state the date, the reference number, and the administrative body that took it. Fourth, the grounds for the appeal.

In a pro forma submission, you deliberately do not yet submit that fourth section. Instead, you state that you will supplement the grounds within a period to be determined later. This makes the document formally incomplete, but pursuant to Article 6:6 of the General Administrative Law Act (Awb), the court must first give you the opportunity to supplement it. Ensure that the other three sections are complete and correct, as the law offers no leniency regarding this if the case is contested.

The structure of the piece

The structure is concise and businesslike. At the top, the addressee: the competent court, administrative law sector. Below that, your own details and those of your company. Then the opening and the body of the document: the notification that you are lodging an appeal against a decision indicated by date and reference number. Followed by the sentence stating that the grounds for the appeal will follow as soon as possible, at the latest within the time limit set by the court. Conclude with the place, date, your name, and signature.

An example core might read: I hereby lodge an appeal against the decision on the objection of [administrative body] dated [date], reference [number]. The grounds for this appeal will follow as soon as possible, but no later than within the period to be set by you. No further content is required for the pro forma phase.

Submit and monitor the deadline

The document must be received by the court within six weeks of the announcement of the decision (Articles 6:7 and 6:8 of the General Administrative Law Act). If you submit by post, you are on time if the document is posted before the end of the deadline and is received within one week after the deadline has expired (Article 6:9 of the General Administrative Law Act). Many courts also accept digital submission; check per instance what is permitted and always keep proof of postage.

Upon receipt, the court will send a letter stating the deadline for submitting the grounds. Note this date immediately. If you do not complete the substantiation on time, request an extension in a timely manner. If you fail to submit the grounds at all, the decision will be declared inadmissible and stand. For a pro forma notice of appeal, the discipline of monitoring deadlines is more important than the text itself.

Common mistakes

The most common mistake is an unclear designation of the decision, leaving the court unsure of what you are appealing against. Therefore, always state the date, reference number, and administrative body. A second mistake is incorrect addressing: an appeal belongs to the court, not to the administrative body that made the decision, as that is the objection phase. A third mistake is missing the rectification period because no one entered the court's letter into their calendar. And finally: revealing too much too soon. Keep the grounds truly open so that you can elaborate on them carefully.

Practical example

An installation company receives the decision on an objection regarding a refused environmental permit. The entrepreneur wishes to appeal, but the technical substantiation requires a report from a consultant that will not be ready for several weeks. He drafts a pro forma notice of appeal containing only the standard components: his details, the designation of the decision with date and reference number, and a statement that the grounds will follow. He submits it in the fifth week and retains the proof of postage. The court grants a four-week rectification period, exactly enough time to process the report into complete grounds.

Honest recommendation

For a straightforward case, you can easily draft a pro forma notice of appeal yourself. The standard components are limited and the text is concise. As long as you correctly indicate the decision, submit it on time, and note the rectification period, you do not need a lawyer.

Do seek assistance as soon as the grounds carry significant weight. The pro forma phase is straightforward, but the substantiation that follows determines the outcome. A legal expert helps to sharpen the arguments, monitors the rectification period, and prevents you from losing your appeal based on a formality. In cases involving major interests or complex regulations, this is worth the investment.

Want to know more or have it arranged immediately? View the pro forma notice of appeal on our contracts page, first read what a pro forma notice of appeal is , and see what it costs to have one drawn up.

Frequently Asked Questions