Compensation for Unlawful Act in Westland
Compensation for unlawful act helps residents of Westland recover damages resulting from an unlawful act by another party, such as the Municipality of Westland. In general administrative law, this is crucial for damages caused by government decisions or actions. Learn how to file a claim in Westland, with local examples and requirements.
Legal Basis in Westland
The foundation of compensation for unlawful act is Article 6:162 of the Civil Code (CC), which imposes a duty to compensate for unlawful acts. An act is unlawful if:
- It violates a subjective legal duty, such as a duty of care;
- It breaches an objective legal norm, for example a statutory prohibition;
- It is unlawful according to standards of reasonable conduct, such as negligent behavior.
In administrative law in Westland, this often applies to unlawful decisions by the Municipality of Westland. The General Administrative Law Act (GALA), including Article 3:2 GALA (principle of care) and Chapter 14 GALA (Articles 8:86-8:92), provides for compensation of damage. After annulment of an unlawful decision, you can claim at the Westland District Court. See also our article on limitation periods for government claims.
Requirements for a Successful Claim in Westland
For an award of compensation for unlawful act (Art. 6:162 CC), four requirements are essential:
- Unlawful act: The conduct or omission is unlawful.
- Attributable: Attributable to the wrongdoer, such as the Municipality of Westland.
- Damage: Proven, such as financial loss, non-pecuniary damage (e.g., injury) or lost income.
- Causation: Direct link under the condition theory or adequate causation theory.
Limitation period: Five years from discovery of the damage and wrongdoer (Art. 3:310 CC). For government claims: see limitation periods for government claims.
Example: Unlawful Greenhouse Permit in Westland
The Municipality of Westland issues an environmental permit for a neighbor's greenhouse, but it proves unlawful due to infringement of your neighbor rights. You suffer noise nuisance and a drop in your home's value (€25,000). After annulment, you claim compensation at the Westland District Court, provided causation is established.
Example: Delay in Horticulture Project
A Westland grower awaits a permit for expansion, which turns out unlawful due to insufficient reasoning. This results in €60,000 in lost revenue. Claim lost profits under Art. 6:162 CC with proof of expected turnover.
Rights and Obligations in Claims in Westland
Rights:
- Full coverage of proven damage (Arts. 6:95-6:98 CC).
- Pain and suffering compensation for injury.
- Case at Westland District Court (GALA) or civil court.
Obligations:
- Mitigate damage (Art. 6:178 CC).
- Provide evidence (receipts, valuations).
- File claim within limitation period.
Government deductible: €150 (Art. 8:91 GALA).
Comparison of Damage Claims
| Legal Basis | Statute | Government Application | Westland Example |
|---|---|---|---|
| Unlawful act | Art. 6:162 CC | EU law defective decision | EU-ordered greenhouse demolition |
| Breach of contract | Art. 6:74 CC | Rare (no contract) | - |
| GALA compensation | Art. 8:86 GALA | Decision without legal effect | Delayed horticulture subsidy |
Frequently Asked Questions Westland
Can I claim against Municipality of Westland?
Yes, for an unlawful decision causing damage. Start with a request to the municipality (Art. 8:88 GALA), then objection/appeal at Westland District Court.
Limitation period expired?
Lapses after 5 years (Art. 3:310 CC), exception for concealment (Art. 3:316 CC). Details in limitation periods for government claims.
Need a lawyer?
Not immediately, but advisable for complexity. Start at Juridisch Loket Westland for free advice, or Arslan Advocaten.
Proof of damage?
Invoices, expert reports, witnesses. Court requires 'more likely than not' probability.
Tips for Westland Residents
Successfully claiming in Westland:
- Document thoroughly: Photos of greenhouse nuisance, emails with municipality.
- Act quickly: Request compensation from Municipality of Westland.
- Try mediation: Efficient for local disputes.
- Seek help: Call Juridisch Loket Westland or Arslan Advocaten for support.