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Mixed feelings Stichting Autobelangen after second and third trial against State

The lawyer of Stichting Autobelangen - Mr.Tom Barkhuysen - urged the court of The Hague to repeat the case of Ko van Tuyl. Photo: Car interests

In the fight against the current old-timer tax scheme, new trial trials took place on March 17 and March 26 in the courts of Haarlem and The Hague respectively. The legal proceedings against the State initiated by Stichting Autobelangen are in full swing. Wouter van Embden's club had mixed feelings about the way in which the judges in the capitals of North and South Holland gave substance to the cases. “Floor took place in Haarlem. The case in The Hague was very similar to a mandatory number. Moreover, there was little time for proper substantive treatment. It is impossible to arrive at a decent argument in half an hour. So in our opinion, the Hague case qualifies for repeated treatment. " 


Mixed feelings with the Autobelangen Foundation. The Haarlem test process went satisfactorily. The Hague court, on the other hand, was a "No Go Area" for the administration. Photo: Car interests
Mixed feelings with the Autobelangen Foundation. The Haarlem test process went satisfactorily. The Hague court, on the other hand, was a "No Go Area" for the board. Photo: Car interests

"College in Haarlem touched by convincing story"
In the capital of North Holland, the case of Mr Van Balen took place in mid-March. He owns a Land Rover Defender Diesel for hobby use. In the run-up to the second trial, he had indicated that he "paid a very high kilometer price for his hobby vehicle." In the North Holland capital, the three judges appeared to be listening with great attention and interest to Van Balen's arguments. Together with lawyer Mr. Tom Barkhuysen knew the Haarlemmer to make an impressive argument. The judges seemed moved by the advocated firm belief that passion and investment are leading in the way in which Mr. Van Balen uses his Land Rover.

Abstraction of laws does not always lead in legal proceedings
Partly as a result of this, the judges also looked at the case with a practical approach. The delegates of Lady Justice also showed that the abstraction of facts, laws and figures does not always have to be the only starting points in the judicial process. The developments during the session - which lasted much longer than the scheduled hour - pleased the Stichting Autobelangen. "The judges went deep. And that was also a credit to our candidate and our lawyer. Both had prepared their side very thoroughly. In addition, the argumentation and substantiation were such that the course was visibly impressed. "Wouter van Embden:" It can of course go in any direction in decision-making, but we did come out with a good feeling. "

Court of The Hague: only half an hour broadcasting time
The Autobelangen Foundation was less satisfied with the course of the third case against the State. Ko van Tuyl and his Chevrolet C30 on LPG - just like Mr Van Balen's Defender, a vehicle for hobby use - were central to the third trial against the State. The place of action was The Hague. “We were dealing with a single room (1 judge) and there was no more than half an hour scheduled for the case. But because a series of five national trial processes are being held that have a far-reaching interest, both we and the tax authorities repeatedly asked for more time and treatment by a multiple chamber (3 judges), "according to the Autobelangen Foundation.

The lawyer of Stichting Autobelangen - Mr.Tom Barkhuysen - urged the court of The Hague to repeat the case of Ko van Tuyl. Photo: Car interests
The lawyer of Stichting Autobelangen - Mr.Tom Barkhuysen - urged the court of The Hague to repeat the case of Ko van Tuyl. Photo: Car interests

The Hague case perhaps again
The Court of The Hague did not want to make any distinction between court cases of individual old-timer owners in the district of The Hague and the national case. Due to the short duration, pleadings and other arguments could not be submitted. The board of Stichting Autobelangen was also not allowed to attend the session. A disappointed Wouter van Embden said that “matters with the Tax Authorities as a party are in principle closed sessions. Ultimately, the court decides whether or not the hearing will be public in nature. ”The Stichting Autobelangen lawyer has called for a new invitation. It will become clear within six weeks whether there is a ruling. But it is also possible that Autobelangen receives an invitation for a renewed "The Hague" case.


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