The entrepreneurs had taken Eindhoven municipality to court because of the arrival of a temporary homeless shelter in the previous recycling street. They went home with some disappointment.
The preliminary relief judge declared the entrepreneurs’ request as inadmissible. The same judge is not at the position to rule on the case. This is due to a procedural error on the part of the prosecutors. According to the court, an enforcement request should have been sent to the municipality of Eindhoven firstly. If the municipality had rejected such a request, it would have been possible to escalate the case to court.
The entrepreneurs argued that such a request would take too much time, given that the emergency shelter was attempted to arrive shortly. The court dismissed the argument. After all, the entrepreneurs could have demanded a shorter term for a decision, and could still go to court if the municipality did not meet the requirement.
This does not mean that the entrepreneurs have given up their fight. They are now submitting the request for enforcement. Municipality of Eindhoven has promised to make a decision on the request before 23 December. It’s also the day when the emergency shelter will open.
If the municipality does not comply with the request, the entrepreneurs can still file a lawsuit.