Is it possible to object to a shop ban?

Questioner

The situation is as follows: I was walking with someone in Kruidvat who had taken a product to pay for, we were standing in line at the checkout but she thought the line was too long and said we should better leave the store. I assumed she had left the product somewhere on a shelf because she often does that and walked with her outside. Once we were outside, a Kruidvat employee walked behind us, grabbed her by the arm and said she had been arrested for shoplifting, because we were in a different city together I walked with them to the back because I couldn't leave her alone. Eventually security came, but because neither of us had any ID on us we had to wait for the police. The police then identified us and banned us both from the store. I refused to sign at first because I did nothing, but he indicated that they could not prove my innocence and that I was an accomplice because I was with her, he also said that the shop ban cannot be traced and has no effect on a criminal record, etc. He then also made it clear to me that I had to sign for receipt. In the end I did sign, but I wonder if I can appeal the shop ban afterwards since I did nothing.

Lawyer

The way you describe the situation, it is questionable whether you were rightly given a shop ban. A shop ban cannot simply be imposed and the mere fact that you are near someone who wanted/stole something does not make you an accomplice to it. Your situation and actions must be specifically examined. Based on your story, a request could be filed to revoke the ban. Is there an organization or specific store on the ban? Based on that, it can be determined how to act. Please feel free to contact me if you have any questions or wish to discuss the matter further.

Questioner

Yes, the shop ban states the name of the shop where it happened, because it is also a national ban for a period of 12 months. Could you tell me through which agency I can file an objection and how this procedure works?

Lawyer

If it is not a collective shop ban and there is no further procedure for the ban, you should in principle complain to the shop itself. A shop owner may deny people access because a shop is not a public place. Based on art. 5:1 BW, a denial may be imposed if it is not unlawful. There is reason to lift an imposed access ban if it is sufficiently plausible that the imposition of the ban was unlawful. This could be the case, for example, if there is no good reason for the ban. If the facts are incorrect or, for example, a warning would have sufficed. If you cannot reach an agreement with the store, you can request the court to lift the ban.