Attribution of Governmental Tort in Westland

Attribution of Governmental Tort in Westland

In Westland, attribution of governmental tort plays a key role in claims against local governments, such as the Municipality of Westland. It concerns whether an unlawful act by an official or body can be attributed to the government, which is essential for damage compensation claims by Westland residents.

Legal Basis

The rules on attribution of governmental tort are found in civil law, particularly Article 6:162 BW, which defines unlawful acts and imposes liability for damages. For public authorities such as the Municipality of Westland, Article 6:163 BW applies to internal attribution, but Supreme Court case law is decisive. Key cases include:

• Katwijk ruling (Supreme Court 27 November 1992, NJ 1993/293): Attribution applies if the act falls within the official's 'task and authority'.
• Bleker ruling (Supreme Court 26 June 2009, NJ 2010/157): Apparent authority may also play a role.

In administrative matters, Article 3:4 Awb refers to government acts, but damage claims in Westland proceed under the BW at the District Court of Westland.

Conditions for Attribution

Three cumulative requirements for attribution of governmental tort in Westland:

1. Task-related: The official is performing their public duties, including closely related actions.
2. Organizational link: Direct connection to the government, such as Municipality of Westland staff; freelancers generally not.
3. No private character: The act belongs to the service.

The Supreme Court interprets this broadly: even acts beyond authority can be attributed if within the 'scope of service'.

Exceptions to Attribution

Not all official errors burden the Municipality of Westland. Exceptions include:

• Purely private actions: Such as issuing a parking ticket privately during work hours.
• Law enforcement in good faith: Limited by Article 6:175 BW.
• External deviance: Violence stemming from private frustration outside duties.

Comparison: Attributable vs. Non-Attributable in Westland

Practical Examples from Westland

A Westland resident applies for a greenhouse horticulture permit at the Municipality of Westland. The official loses documents and rejects it. Damage from delay? Attributable; file a claim at the District Court of Westland under Article 6:162 BW.

Or: During a house search in 's-Gravenzande, police unnecessarily damage property. Usually attributable, unless private motive. File the claim with the police or the State.

Counterexample: Refuse collector in Naaldwijk steals a bicycle during rounds. Often attributable due to service context, but purely private gain is not.

Rights and Obligations in Westland

Citizens' rights:

• File a claim via summons at the District Court of Westland or administrative objection.
• Prove causality.
• Statute of limitations: 5 years (Article 3:310 BW).

Government obligations:

• Recourse against official for gross fault.
• Transparent investigation.

Read our article on unlawful government acts in Westland for more.

Frequently Asked Questions

Tips for Westland Residents

For a claim involving attribution of governmental tort:

• Document: dates, names, witnesses.
• Report in writing to the Municipality of Westland (start objection procedure).
• Seek free advice at Het Juridisch Loket Westland.
• Consider mediation for a faster resolution.