Before the administrative court, you can claim compensation for damage under certain conditions. This can be done simultaneously with an appeal or via a separate procedure.
Compensation for Damage via the Administrative Court
With the introduction of the Act on Adverse Consequences Compensation and Compensation for Damage due to Unlawful Decisions, it is possible to claim damage from the administrative court for:
- Damage resulting from an unlawful decision
- Damage due to an unlawful act during the performance of a public law task
Options for Compensation for Damage
| Procedure | Moment | Maximum Amount |
|---|---|---|
| Request during appeal | Simultaneously with appeal against decision | € 25,000 |
| Independent request | After final decision | € 25,000 |
| Civil procedure | For higher damage or other situations | No limit |
Conditions for Compensation for Damage
To qualify for compensation for damage, you must prove:
- That the decision is unlawful (annulled by the court)
- That you have suffered damage
- That there is a direct causal link between the decision and the damage
Categories of Damage
- Financial damage: loss of income, asset damage
- Non-financial damage: emotional impact, reputational damage
- Costs: legal costs, costs for experts
Frequently Asked Questions about Compensation for Damage
Is compensation for damage possible without annulment of the decision?
In most cases, no. The decision must first be deemed unlawful (annulled or withdrawn).
What if my damage exceeds € 25,000?
For the amount exceeding € 25,000, you must bring a case before the civil court.
How do I prove my damage?
With documents such as receipts, bank statements, expert reports, and other evidence.
Additional Information for Westland
For residents of Westland, this procedure falls under the Rechtbank Den Haag. For legal advice, you can contact the Juridisch Loket Westland.
Practical Questions and Answers
When can I file a damage claim with the administrative court?
You can file a claim if an unlawful decision by an administrative authority has caused you damage. This decision must have been annulled by the court. This can be during an appeal procedure or in a separate case after a final decision.
What distinguishes material from immaterial damage?
Material damage includes financial losses such as lost profits or incurred costs. Immaterial damage concerns emotional or psychological consequences, such as stress or loss of reputation. Both can be claimed, but immaterial damage is often harder to prove.
How long does a compensation procedure take?
The duration varies depending on the case and the workload at the court. Generally, it takes several months to a year. A simultaneous request with an appeal may slightly delay the case.
Can I recover lawyer's fees?
Yes, lawyer's fees and other procedural costs can be claimed under the heading 'costs'. These costs must be properly documented with invoices and proof of payment.
What if the government does not pay?
If the government does not pay the awarded compensation, you can engage a bailiff to enforce payment via attachment or bank accounts.
Is a lawyer necessary?
It is not mandatory, but recommended. A lawyer helps in building your case and gathering evidence, especially in complex cases or high amounts.