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About SME LawyersPermit denied, fine imposed, enforcement decision received, or subsidy reclaimed? MKBjuristen litigates on behalf of entrepreneurs in objections and appeals against municipalities and government authorities. Fixed price, fixed deadlines monitored.
In a dispute with the government, the clock starts ticking immediately. The six-week objection period is fatal — those who are too late have no legal remedy left. Contact us as soon as you receive a decision with which you disagree
Conflicts with the municipality or government often arise unexpectedly. Do you recognize one of these situations? Then act quickly — the six-week objection period starts immediately.
There is a dispute regarding payment, delivery, quality, payment terms, or agreements made.
An incorrect response can be interpreted as an acknowledgment, promise, or waiver of rights.
The tone becomes sharper, payment is withheld, or the other party threatens legal action.
Not every case is suitable for proceedings. First, the chances, costs, evidence, and risks must be clear.
A conflict with the municipality or government works differently than a business dispute. The government makes decisions based on laws and regulations and follows strict procedures. As an entrepreneur, you do not stand as
an equal party opposite the government — you must lodge an objection and appeal through administrative law channels.
That process is subject to strict deadlines. In most cases, you have six weeks to lodge an objection after receiving the decision. Anyone who misses that deadline will no longer have a legal remedy. Have your position assessed
as soon as you receive a decision with which you disagree.
Entrepreneurs most frequently come into conflict with the municipality or government over five topics.
Permits. A permit application is rejected or conditions are attached that make your business operations impossible. Examples include an environmental permit, hospitality permit, building permit
, or environmental license.
Enforcement decisions. The municipality or government imposes a penalty payment order, an administrative enforcement order, or threatens to close your business. Acting quickly is crucial — a penalty payment order starts running as soon as the compliance period expires.
Zoning plan and environmental law. A change to the zoning plan or an environmental plan makes your current use or the expansion of your business impossible. You can challenge this, but the procedures are complex and time-consuming.
Taxes and levies. You receive an assessment or additional assessment that you dispute, or the municipality imposes a sewage levy, street vendor levy, or property tax assessment that is incorrect.
Subsidies. Your subsidy application is rejected, a subsidy is reclaimed, or a subsidy obligation is interpreted differently than you expected.
In the event of a decision by the municipality or government, you follow three steps in most cases.
First: objection. You must submit a notice of objection within six weeks to the administrative body that made the decision. The administrative body reconsiders its decision. This is a mandatory step before you can go to court.
Secondly: appeal. If you disagree with the decision on the objection, you can lodge an appeal with the District Court – Administrative Law Division. The judge reviews whether the decision is lawful.
Thirdly: appeal. If you also disagree with the court's decision, you can lodge an appeal with the Administrative Jurisdiction Division of the Council of State — or with the Court of Appeal, depending on the type of case.
In urgent cases, in addition to filing an objection, you can also request a preliminary injunction from the court. This allows you to have the implementation of the decision temporarily suspended — crucial if the government threatens to take enforcement action or revokes your permit while your objection is still pending.
The six-week objection period is fatal. Anyone who misses that deadline has, in principle, no further legal remedy — even if the decision is substantively incorrect. Exceptional circumstances may justify an exception, but these are rare.
Submit your objection in a timely manner, even if you are still consulting with the municipality. You can always withdraw an objection, but an objection submitted too late cannot be rectified.
If the government acts lawfully but your business is disproportionately harmed as a result—for example, by a road closure or a zoning plan amendment—you may be eligible for compensation for disadvantage or planning blight. We assess whether you are entitled to compensation and guide you through the application or procedure.
If the government has acted unlawfully and you have suffered damage as a result, you can claim compensation through the administrative court or the civil court.
Before you respond substantively, issue a formal demand, terminate, dissolve, or initiate legal proceedings, it must be clear what has been legally agreed upon and what evidence exists to support this. We review, among other things, agreements, general terms and conditions, quotations, emails, WhatsApp messages, invoices, and prior correspondence.
Sometimes a brief demand letter is sufficient. Sometimes negotiating is wiser than litigating. And sometimes swift action is necessary to prevent damage or evidentiary problems. The right course of action depends on your interests, evidentiary position, contractual agreements, and the attitude of the opposing party.
Not every dispute requires the same approach. Sometimes a brief consultation is sufficient, while sometimes a formal assessment or negotiation is necessary.
Quickly brainstorm about your situation and prevent you from reacting incorrectly.
Have your legal position assessed before taking the next step.
If talks stall, we assist with strategy, correspondence, and negotiation.
If proceedings are necessary, we determine the process strategy and next steps.
We do not initiate litigation. First, we map out your legal position, evidence, and commercial interest.
We assess the decision, the objection period, and your position as an interested party — so that you know whether an objection is worthwhile and possible.
We draft a legally strong notice of objection with the correct grounds and monitor the six-week deadline.
We represent you at the hearing and negotiate a practical solution where possible.
If an objection does not yield a result, we guide the appeal procedure before the District Court or the Council of State.
A hospitality entrepreneur received a penalty payment order from the municipality for alleged violation of noise standards. The compliance period was short, and the penalty payment threatened to become due immediately. We simultaneously filed an objection and a request for preliminary relief with the court. The judge suspended the penalty payment order pending the objection. During the objection proceedings, it became apparent that the municipality had carried out the noise measurement incorrectly. The enforcement decision was revoked, and the penalty payment order lapsed.
Since 2001, we have been helping entrepreneurs with legal disputes, contractual disagreements, and business conflicts. We combine legal assessment with a practical approach: first get a grip on the situation, only then take the next step.
In most cases, six weeks after the date of the decision. This deadline is fatal — anyone who objects too late essentially has no legal remedy left. File your objection in a timely manner, even if you are still in consultation with the municipality. It is always possible to withdraw an objection.
A lawyer is not mandatory for the objection procedure. Formally, this is not always required for appeals to the District Court and appeals to the Council of State either, but given the complexity of administrative law and the consequences for your business, professional assistance is highly recommended.
A preliminary injunction is an emergency measure by which you ask the court to suspend the execution of a decision until your objection or appeal has been decided. This is crucial if you suffer direct damage as a result of the decision — for example, in the case of an enforcement decision, a threatened closure order, or a revoked permit.
You lodge an objection with the administrative body that took the decision — that body reconsiders its decision. You lodge an appeal with the administrative court at the District Court. You lodge an appeal with the Administrative Jurisdiction Division of the Council of State or the Court of Appeal, depending on the type of case.
If the government acts lawfully but your business is disproportionately harmed as a result—due to a road closure, zoning plan amendment, or environmental plan—you may be entitled to compensation for disadvantage or planning blight. We assess whether you are entitled to compensation and guide you through the application process.
If the government acts unlawfully and you suffer damage as a result, you can claim compensation. This can be done through the administrative court or the civil court. We assess which route has the best chance of success in your situation.
Briefly describe the situation. We will assess the sensible next step and contact you.
We will discuss your situation in a free consultation.
Please contact our specialists.