Peter Gillis cannot start a shelter for labor migrants in Baarlo (Limburg), because the municipality refuses to issue a permit after a negative outcome of a Bibob investigation. The entrepreneur from Brabant also gets stuck in two other places because of such an investigation. What exactly is the Bibob Act, and can Gillis do something about the outcome?
In addition to several penalties totaling 2 million euros and five municipalities that are conducting research, Peter Gillis’ Oostappen Group also has to deal with three municipalities that do not want to grant him a permit because the outcome of a Bibob investigation turned out to be negative. The municipalities are afraid that he is ‘using illegally generated assets to commit possible criminal offences’. These are municipalities:
- Cranendonk No catering permit at Slot Cranendonck park
- Valkenburg No permit for camping Den Driesch
- Baarlo No permit for housing migrant workers on a former race track
Is that the end of Gillis’ plans in these places? Five questions and answers about the Bibob Act.
What is the Bibob Act?
The Bibob Act (Promoting integrity assessments by public administration) is a preventive tool that governments can use. For example, a municipality can start an investigation and request information for this from the National Bureau Bibob (LBB).
So what exactly is being investigated?
For example, we look at how an entrepreneur gets his or her money, what his or her background is and who else is doing business with. In other words: all information from which you could deduce whether the entrepreneur is pure on the degree.
When does a Bibob investigation start?
An investigation can be started if there are suspicions that things are not right. It is up to the government agency to determine when that is the case.
What happens if the result is negative?
If there is a serious risk that, for example, a permit will be misused, the government agency, for example a municipality, can refuse the application or withdraw the issued permit. The idea is that this prevents the government from facilitating criminal activities and also protects other entrepreneurs.
Can you appeal the outcome?
It is not possible to appeal against a Bibob advice. This is because the report only contains facts and no opinions or conclusions. It is possible to appeal against the municipality that refuses a permit after a negative Bibob test. It is not known whether Peter Gillis intends to do so.
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