If you win an objection or appeal in Westland, you can apply for reimbursement of court costs. This often concerns a fixed (standard) amount.
When is there a right to court costs reimbursement?
Reimbursement of court costs is possible under the following conditions:
- Your objection or appeal is (partly) upheld
- The decision is withdrawn due to an error by the administrative authority
- You have explicitly requested reimbursement
Which costs are reimbursed?
| Type of costs | Type of reimbursement |
|---|---|
| Legal assistance | Based on points system |
| Expert reports | Actual costs (up to a maximum) |
| Witness fees | Fixed reimbursement per witness |
| Travel costs | Based on public transport or kilometer allowance |
| Loss of earnings | Compensation for lost income |
Points system for legal assistance
The reimbursement for legal assistance follows the Decree on Court Costs in Administrative Law:
- Filing objection/appeal: 1 point
- Participation in hearing or session: 1 point
- Value per point: €875 (appeal) or €597 (objection)
- Weighting factor: varies from 0.25 to 2, depending on case complexity
How do you apply for reimbursement?
You must apply for court costs reimbursement yourself:
- For objection: before the decision on your objection
- For appeal: during the hearing or in the appeal document
Frequently asked questions about court costs
Are all my lawyer costs reimbursed?
In most cases no. The reimbursement is a standard amount and often covers only part of the actual costs.
What if I had no legal assistance?
Then you receive no reimbursement for legal aid, but possibly for travel or loss of earnings costs.
Can the administrative authority claim costs from me if I lose?
No, in administrative law, as a citizen you are not required to pay costs if you lose.
Extra questions and answers
How is the reimbursement for legal aid calculated?
The calculation is via a points system. An objection or appeal document yields 1 point, a hearing or session also 1 point. A point is worth €875 (appeal) or €597 (objection), multiplied by a factor between 0.25 and 2 depending on the case. Example: 2 points with factor 1.5 in appeal yields 2 × €875 × 1.5 = €2,625.
Can I get costs reimbursed that were incurred before the objection?
No, only costs incurred during the objection or appeal phase qualify. Costs for prior advice or investigation fall outside the scheme. Experts or witnesses during the procedure can sometimes be reimbursed, if requested in time.
What if my reimbursement request is refused?
If rejected, you can appeal to the administrative court, such as the District Court of The Hague. File an appeal within 6 weeks and motivate why you disagree, supported by evidence such as invoices or lawyer statements.
Is reimbursement guaranteed if I win the case?
No, you only receive reimbursement after a request and if your case is (partly) upheld. The court may limit the reimbursement for unreasonable costs or if the decision was not entirely wrong. No costs incurred means no reimbursement.
How do I claim travel and loss of earnings costs?
Mention these separately in your request. Travel costs are reimbursed based on public transport or a rate per kilometer (€0.19 usually). For loss of earnings, you must prove income loss, for example via an employer's statement.
What if I am late with my request?
A late request can lead to rejection. For objection, submit the request before the decision; for appeal, during the hearing or in the appeal document. Timeliness is crucial.
Can I get more reimbursement for a complex case?
Yes, in a very complicated case, the court can increase the weighting factor to a maximum of 2. This applies, for example, to complex legal issues or major errors by the administrative authority. Substantiate this well in your application.
For more help, you can contact the Juridisch Loket Westland.