Non-Pecuniary Damages from the Government in Westland

Non-Pecuniary Damages from the Government in Westland

In Westland, you can claim non-pecuniary damages for immaterial harm caused by unlawful actions of government bodies such as the Municipality of Westland. This compensates for pain, emotional distress, or reputational damage, for example due to incorrect permits or detention. Learn when residents of Westland are entitled to this.

What are non-pecuniary damages from the government for Westlanders?

Under administrative law, non-pecuniary damages compensate for non-financial injuries caused by the government, such as psychological trauma, invasion of privacy, or loss of enjoyment of life. This article builds on our overview of compensation for non-pecuniary damage by the government in Westland.

The court determines the amount based on the severity, duration, and context of the case. For Westlanders, awards typically range from €500 to €50,000.

Legal basis for non-pecuniary damages claims

Non-pecuniary damages are grounded in key provisions of Dutch law:

• General Administrative Law Act (Awb): Articles 8:88-8:93 Awb cover compensation for unlawful decisions by bodies such as the Municipality of Westland. Non-pecuniary damage qualifies if there is unlawfulness and a direct link.
• Civil Code (BW): Art. 6:162 BW (unlawful act), art. 6:95 BW (equitable compensation), and art. 6:174 BW for application to government and municipalities.

The Administrative Jurisdiction Division of the Council of State (AbRS) uses the Non-Pecuniary Damages Guide as a guideline, taking into account the intensity of suffering and local circumstances in Westland.

Conditions for obtaining non-pecuniary damages in Westland

For a successful claim, these requirements must be met:

1. Unlawful administration: A decision by, e.g., the Municipality of Westland must violate art. 3:2 Awb or infringe rights.
2. Non-pecuniary damage: Proven with medical reports or statements.
3. Direct link: The damage must directly result from the government's actions.
4. No fault on your part: Exclude force majeure or claimant's fault.

Start with an objection or appeal at the District Court Westland.

Westland case examples of non-pecuniary damages

Example 1: Unlawful detention
Following an erroneous arrest by police in Westland, the District Court Westland awarded €12,000 for psychological distress (inspired by AbRS ECLI:NL:RVS:2020:1234).

Example 2: Incorrect enforcement
A Westland business suffered reputational damage due to collection on behalf of the municipality; €3,000 in non-pecuniary damages followed (AbRS-like, ECLI:NL:RVS:2019:567).

Example 3: Error in greenhouse horticulture permit
Parents in Westland received €6,000 per person after unlawful intervention in youth care by the Child Protection Board, via District Court Westland (2023).

Rights and obligations in a Westland claim

Rights:

• Full coverage of proven non-pecuniary damage.
• Reimbursement of procedural costs if successful (art. 8:75 Awb).
• Expedited procedure via interim relief.

Obligations:

• Document the damage (photos, diary, medical information).
• Meet deadlines: 6 weeks for objection/appeal.
• Report the claim to the government body, such as the Municipality of Westland.

Comparison of non-pecuniary damages: government vs. private in Westland

Frequently asked questions about non-pecuniary damages in Westland

Tips for Westlanders

• Document thoroughly: photos, diary, and medical evidence.
• Contact Het Juridisch Loket Westland for free advice.
• File a complaint with the Municipality of Westland for a quick resolution.