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Litigation and Annulment Actions

Suspension, correction and administrative fine decisions of the Advertising Board are administrative acts subject to judicial review. We bring annulment actions against Advertising Board decisions before the administrative courts, and represent your company at the appeal stages before the Regional Administrative Court and the Council of State.

How is an action brought against an Advertising Board decision?

Annulment actions against Advertising Board decisions are brought before the administrative court. Under the Administrative Procedure Law, the time limit is sixty days from notification of the decision. The first-instance judgment can be appealed to the Regional Administrative Court, and that court’s decision can be appealed to the Council of State.

The action addresses together the documents substantiating the claims in the advertisement, the shortcomings in the Board’s reasoning and the proportionality of the sanction. Bringing an action does not automatically suspend enforcement of the decision; a stay of execution must be requested.

Scope

  • Conducting litigation against Advertising Board decisions
  • Bringing annulment actions against Advertising Board decisions before the first-instance courts, and representing companies before the Regional Administrative Court and the Council of State
  • Preparing requests for a stay of execution

How We Work

  1. Reviewing the decision, its reasoning and the investigation file
  2. Assessing whether to bring an action and request a stay of execution
  3. Drafting the statement of claim and filing it in time
  4. Conducting the first-instance proceedings
  5. Conducting the appeal and cassation stages

Team

Frequently Asked Questions

Within what period must we bring an action against an Advertising Board decision?

Within sixty days of notification of the decision. This is a strict time limit; if it is missed, the decision becomes final.

Do we lose the right to sue if we pay the fine?

No. If the administrative fine is paid within one month of notification, a one-quarter discount applies, and the payment does not affect the right to bring an action. If the action succeeds, the amount paid is refunded.

Can we keep running the advertisement while the case is pending?

If the Board has ordered suspension, the advertisement cannot run unless a stay of execution is granted. Continuing to publish it in breach of the decision leads to further sanctions.

What determines our chances of winning?

In most files, the decisive factors are the strength of the documents substantiating the claims in the advertisement and the reasoning of the Board's decision. The defence and documents submitted during the investigation remain the main basis at the litigation stage.

Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.

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