MailDB, KVGO and two distributors of printed advertising believe that the three-month transition period to the new system in The Hague is too short and that interim proceedings have demanded a longer transition period. The preliminary relief judge dismissed the claim. The aforementioned parties appeal against this decision.
On 26 March 2020, the city council of The Hague decided to establish an opt-in system and to actually implement it on 1 July 2020. As of July 1, 2020, unaddressed advertising printed matter may only be delivered in letterboxes with a Yes / Yes sticker attached.
MailDB and KVGO say: ‘We think the period of three months between the adoption of the amended Waste Regulation and the actual entry into force is far too short. Moreover, the municipality of The Hague has wrongly not taken into account an earlier decision by the judge in Rotterdam and also wrongly refuses to await the Supreme Court’s judgment. In a similar procedure of MailDB and KVGO against the municipality of Rotterdam, the judge ruled that a reasonable implementation period is 20 months. That 20 months will start when the decision is taken in the city council. That period also follows from the rulings of the Amsterdam District Court and the Amsterdam Court of Appeal. ‘
The preliminary relief judge in The Hague dismissed the claim and, therefore, ruled against MailDB and KVGO. The preliminary relief judge is of the opinion that there were sufficient indications earlier than on March 26, 2020 that the opt-in system would be introduced in The Hague.
Image via MailDB.