In some situations, a visit to the civil court is necessary to claim compensation from the government, for example in cases of significant damage or actions without a formal decision.
When do you opt for the civil court?
A civil procedure is relevant in the following cases:
- Damage amount exceeding €25,000
- Damage caused by a concrete action of the government (no decision)
- Government acting in a private law capacity
- When the administrative court has no jurisdiction
Steps in the procedure
- Hold the government liable in writing
- Serve a summons on the government at the court
- Exchange written positions (pleadings)
- Attend the hearing
- Await the judgment of the court
What are the costs?
| Type of costs | Amount |
|---|---|
| Court fees | Varies per case and claim |
| Lawyer's costs | Often necessary for larger claims |
| Bailiff's costs | For serving the summons |
Importance of formal legal force
Be alert to the rule of formal legal force:
- A government decision against which no objection is possible anymore is deemed lawful
- Via the civil court you can then no longer claim compensation
- Therefore always file an objection or appeal on time!
Frequently asked questions about civil procedures
Is a lawyer mandatory?
Not at the subdistrict court (up to €25,000), but at the district court this is often the case.
What is the duration of such a procedure?
Usually it takes 1 to 2 years, depending on the case and the court.
Who bears the costs in case of victory?
The losing party is often ordered to pay the procedural costs, but this does not always cover everything.
Local information for Zoetermeer
For cases in Zoetermeer, the competent court falls under District Court of The Hague. For legal advice, you can go to the Juridisch Loket Zoetermeer.