In preliminary relief proceedings, the Platform Storm foundation sought the cessation of the construction of a wind farm by three defendants. Noord-Nederland District Court 22 October 2020, ECLI:NL:RBNNE:2020:3583 Various preliminary relief proceedings were conducted under administrative law, in which the appeals (of Platform Storm and others) were declared inadmissible or unfounded.
On 22 October 2020, the Preliminary Relief Judge declared Platform Storm to lack locus standi for three reasons. Firstly, the summons did not satisfy the requirements ensuing from Article 1018c(1) of the Dutch Code of Civil Procedure. Platform Storm had not (sufficiently) elaborated on the requirements of Article 1018c(1) of the Dutch Code of Civil Procedure in the summons. The limited additional explanation at the hearing was also insufficient.
Furthermore, Platform Storm did not meet the locus standi requirements from Article 3:305a of the Dutch Civil Code, as it did not make any assertions about those requirements in the summons. At the hearing, Platform Storm invoked the exception in Article 3:305a(6) of the Dutch Civil Code. The Preliminary Relief Judge rejected that reliance and noted that, if Platform Storm had wanted to invoke the exception in Article 3:305a(6) of the Dutch Civil Code, it should have done so in the summons. The arguments put forward for the defence regarding a lack of locus standi were also refuted with insufficient substantiation by Platform Storm at the hearing. The fact that Platform Storm had previously been considered an interested party by the administrative court did not alter the Preliminary Relief Judge’s opinion, as Articles 1018c of the Dutch Code of Civil Procedure and Article 3:305a of the Dutch Civil Code lay down special requirements for locus standi in civil cases that do not apply in administrative law.
Finally, Platform Storm had no locus standi because administrative proceedings had already been conducted that offered sufficient legal protection, and these legal proceedings had not led to the revocation of the defendants’ licences. Hence, the validity of the decision made had to be assumed (formal legal effect). Moreover, there was still an administrative law option open to request the relevant administrative body to withdraw or suspend the licences for violation of EU law. At the hearing, Platform Storm indicated that it indeed wished to take this route.