In some cases, a civil procedure against the government is necessary to obtain compensation for damage, for example in cases of high damage amounts or factual acts.
When do you choose the civil court?
A case before the civil court is relevant in the following situations:
- Damage amount above € 25,000
- Damage caused by factual acts (no official decision)
- Private law actions of the government
- If the administrative court has no jurisdiction
Steps in the procedure
- Write a liability letter to the government
- Serve a writ of summons on the government at the court
- Exchange procedural documents (pleadings)
- Attend the hearing
- Wait for the judgment of the court
Overview of costs
| Type of costs | Amount |
|---|---|
| Court fees | Varies per claim |
| Lawyer's fees | Mandatory for higher claims |
| Process server's costs | For serving the writ of summons |
Importance of formal res judicata
Take into account the rule of formal res judicata:
- A decision against which no further appeal is possible is deemed lawful
- Compensation for damage via the civil court is then no longer possible
- Therefore, always file objection and appeal on time!
Frequently asked questions about civil procedures
Is a lawyer mandatory?
Not at the subdistrict court (up to € 25,000), but yes at the district court.
What is the duration of a civil case?
Usually 1 to 2 years, depending on the case.
Who bears the costs in case of victory?
The losing party often pays part of the procedural costs, but not all.
Local information for Westland
For cases in Westland, the competent court falls under District Court of The Hague. For legal advice, you can contact the Legal Counter Westland.