On 14 May 2026, the Zeeland-West-Brabant District Court issued a ruling in a case brought by Habeo+ (formerly Avans+) against the NC (National Code of Conduct Commission). As the ruling affects the NC’s position, the NC is informing the affiliated educational institutions of the matter.

Rationale

The proceedings stem from a letter dated 6 June 2024 in which the NC imposed a measure on Habeo+. This measure entailed removal from the Code of Conduct Register for a period of two years. Habeo+ filed an objection to this measure. The NC subsequently indicated that no appeal proceeding was outstanding. After all, the NC is a foundation governed by private law and not an administrative body that makes decisions with respect to the Awb (Dutch General Administrative Law). The NC and the measures that it imposes therefore fall within the scope of private law. The institution was informed of the complaints handling procedure within the Code of Conduct but did not make use of this. Habeo+ subsequently filed an appeal with the Court.

The ruling

The main issue in the appeal was whether the NC’s measure should be classified as a decision with respect to the Awb (Dutch General Administrative Law), against which an objection and appeal are outstanding. The NC has taken the position that it is a private-law foundation that derives its powers from the Code of Conduct rather than from legislation or regulations. However, the Court has ruled that the NC must be classified as a non-governmental public authority. Furthermore, the Court ruled that the measure imposed constitutes a legal act under public law. According to the Court, this therefore means that the 2024 measure qualifies as a decision in terms of the Awb. The Court upheld Habeo+’s appeal and ruled that the NC should have issued a substantive decision on the objection. The NC has been ordered to still issue a substantive decision on the objection.

Next step

The ruling raises questions about the legal position of the NC and the structure of the Code of Conduct as an instrument of self-regulation. The NC is currently reviewing the ruling and considering any possible next steps, including the option of lodging an appeal with the Administrative Jurisdiction Division of the Council of State. The NC is working closely with relevant representative bodies in this matter and will inform affiliated institutions once there is more clarity on the implications of this ruling.

If you have any questions regarding this announcement, please contact your representative body or the Code of Conduct office.