If the government in Westland acts unlawfully and you thereby suffer damage, you may be entitled to compensation. This principle is known as the unlawful government act.
What constitutes an unlawful government act?
An unlawful government act concerns an action or omission by the government that:
- Contravenes a statutory obligation
- Violates a personal right
- Does not meet the standards of social propriety
Practical examples in Westland
| Scenario | Example situation |
|---|---|
| Unjust decision | A permit is refused without grounds |
| Physical action | Damage due to poorly executed sewerage works |
| Omission | No enforcement in case of nuisance while necessary |
| Incorrect information | Incorrect advice from a municipal employee |
Conditions for a damages claim
To qualify for compensation, you must prove:
- That the government has acted unlawfully
- That the act can be attributed to the government (fault or liability)
- That you have suffered damage
- That there is a direct connection between the act and the damage
- That the violated rule was intended to protect your interests
Steps for a claim in Westland
Claiming compensation due to an unlawful government act can be done via:
- The administrative court, for example in case of an invalid decision (District Court The Hague)
- The civil court, for other matters
For legal advice, you can contact the Juridisch Loket Westland.
Frequently asked questions about unlawful government acts
Is annulment of a decision necessary?
Yes, in the case of an unlawful decision, it often must first be annulled by a court before you can claim compensation.
What damage can I claim?
You can claim both material damage (such as financial losses) and, in some cases, immaterial damage (such as emotional impact).
What is the time limit for submitting a claim?
The limitation period is 5 years from the moment you become aware of the damage and the responsible party.
Additional questions and answers
When is a government action considered unlawful?
An action is unlawful if it contravenes the law, violates rights, or fails to meet standards of due care. Think of an unjustly rejected application, damage from municipal works, failure to act on nuisance, or incorrect information from a civil servant. It must directly affect your interests and cause damage.
Can I submit a claim without direct damage?
No, without demonstrable damage (material or immaterial), there is no basis for a claim, even if the government was at fault. There must be a clear connection between the action and your loss.
Must I first lodge an objection?
For a decision such as a refused permit, objection or appeal to the administrative court is often the first step. In other situations, such as physical damage, you can go directly to the civil court. Legal advice via the Juridisch Loket Westland helps in choosing the right path.