Compensation for Unlawful Decision in Westland
In Westland, as a resident, you can claim financial compensation through administrative law if a government decision causes you harm due to unlawfulness. This applies to decisions that fail to comply with the law, such as unauthorized choices or violations of good governance principles. The goal is to restore you to the position you would have been in if the decision had been correct. This protection is outlined in the General Administrative Law Act (Awb) and addresses errors by local authorities like the Municipality of Westland.
Legal Basis
The provision for compensation for unlawful decisions in Dutch administrative law is found in Article 8:88 of the Awb. This holds an administrative body, such as the Municipality of Westland, liable for damage directly resulting from an unlawful decision. Liability is strict: you don't need to prove fault, only that the decision was incorrect and caused harm. Article 6:162 of the Awb covers damage during the preparation phase, but Article 8:88 is the core. For more information on compensation in administrative law. Relevant rulings from the Council of State, such as those on causation, also apply to local matters in Westland.
What is an Unlawful Decision?
An unlawful decision by an administrative body fails to meet legal standards. This occurs if the decision:
- Is made by an unauthorized party.
- Contradicts laws or treaties.
- Violates principles of good governance, such as reasoning (Article 3:46 Awb) or due care (Article 3:2 Awb).
- Is inadequately prepared, for example, without input from locals.
The decision is deemed unlawful if it is overturned by a court, such as the Rechtbank Westland, through objection or appeal. In Westland, this often arises in cases like unjust permits for greenhouse construction that harm neighbors, or incorrect subsidies for growers leading to bankruptcy.
Types of Compensable Damage
You can seek compensation for both financial and non-financial damage. Financial damage includes tangible losses like income reduction or additional expenses. Non-financial damage, such as emotional distress or reputational harm, is more challenging but possible under Article 6:106 of the Civil Code (BW) alongside the Awb.
| Type of Damage | Description | Example |
|---|---|---|
| Financial Damage | Direct monetary losses resulting from the decision | An unlawful fine from the Municipality of Westland causes cash flow issues and delayed harvests |
| Non-Financial Damage | Compensation for intangible harms | A prolonged dispute over a permit leads to stress for Westland entrepreneurs |
| Future Damage | Reasonably anticipated future costs | An incorrect denial of an environmental permit delays a greenhouse project, resulting in measurable extra expenses |
Crucial is the direct link: the damage must stem directly from the decision. Indirect effects, such as market price drops, typically do not qualify.
Practical Examples in Westland
Suppose the Municipality of Westland issues a building permit for a new greenhouse next to your home without an environmental assessment—making it unlawful. The greenhouse causes odor issues, reducing your property value by €40,000. Under Article 8:88 of the Awb, you can seek compensation from the Rechtbank Westland for the loss in value and potential relocation costs.
Or: The Juridisch Loket Westland assists with an unlawful termination of your sustainable agriculture subsidy by the municipality, without consultation. This leads to debts. After a successful appeal, you can recover lost income and advisory fees. In 2023, the Council of State ruled in a similar Westland case awarding €15,000 for damage from an incorrect income decision.
Rights and Obligations of Residents in Westland
As a resident of Westland, you have the right to:
- Full Compensation: Restoration to your original situation, including interest (Article 6:119 BW).
- Access to the Courts: File a claim with the Rechtbank Westland, often alongside an objection to the decision.
- Low Barriers: No court fees for the main claim, though fees may apply in separate proceedings.
Your obligations include:
- Reporting damage promptly after the decision.
- Providing evidence, such as receipts or local appraisals.
- Mitigating damage as much as possible (mitigation, Article 6:96 BW).
The Municipality of Westland must handle your claim within 8 weeks, with options for appeal.
The Procedure for Compensation in Westland
The steps are:
- Objection or Appeal: Challenge the decision with the administrative court (Awb, Chapter 8), for example, via the Rechtbank Westland.
- Submit the Claim: File a request simultaneously or later with the Municipality of Westland (Article 8:88 Awb). Consult the Juridisch Loket Westland for free advice on local procedures.
- Assessment and Ruling: The court evaluates causation and amount. If denied, you can appeal to the Council of State.
- Execution: Following approval, payment is made, with enforcement options if not complied with.
For assistance in Westland: Contact the Juridisch Loket Westland for guidance on your claim.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.