If the government in Zoetermeer acts unlawfully and you thereby suffer damage, you can claim compensation. This principle is known as the unlawful government act.
What constitutes an unlawful government act?
An unlawful government act concerns a government action that:
- Contravenes a statutory obligation
- Violates a right
- Does not meet the standards of due care in society
Practical examples in Zoetermeer
| Scenario | Example |
|---|---|
| Unlawful decision | A permit in Zoetermeer wrongly refused |
| Physical action | Damage from municipal road works |
| Passivity | No enforcement while necessary |
| Incorrect information | Incorrect advice from a municipal employee |
Conditions for a damages claim
To be eligible for compensation, you must prove:
- That the government acted unlawfully
- That the act can be attributed to the government (fault or risk)
- That you have suffered damage
- That there is a direct causal link between the act and the damage
- That the violated rule was intended to protect your interests
Procedure in Zoetermeer
A claim for compensation due to an unlawful government act can be filed via:
- The administrative court, for example at the District Court of The Hague, if a decision is annulled
- The civil court for other situations
For legal support, you can contact the Juridisch Loket Zoetermeer.
Frequently asked questions about unlawful government acts
Is annulment of a decision necessary?
Yes, in the case of an unlawful decision, it must usually first be annulled by a court before you can claim damages.
What damage is compensated?
You can claim compensation for actual damage, both material and, in some cases, immaterial damage.
What is the time limit for filing a claim?
The limitation period is 5 years from the moment you become aware of the damage and the responsible party.
Extra questions and answers
When is a government action considered unlawful?
A government action is unlawful if it breaches a statutory duty, infringes a right, or fails to meet societal standards. Think of an incorrect decision (such as a wrongly refused permit in Zoetermeer), damage from municipal works, failure to act when necessary, or incorrect information from a civil servant. It is crucial that your interests are directly harmed and that damage has occurred.
Can I file a claim without direct damage?
No, without demonstrable damage you cannot claim compensation, even if the government acted unlawfully. Damage can be financial or concern emotional suffering, but there must be a clear link to the government action.
Is filing an objection required before going to court?
In the case of an incorrect decision, you often first need to file an objection or appeal to the administrative court, such as at the District Court of The Hague. For other cases, such as damage from physical action, you can go directly to the civil court. Legal advice, for example via the Juridisch Loket Zoetermeer, helps in choosing the right route.
How do I prove that the government is responsible for my damage?
You must prove that the government is at fault or has taken a risk. This can be shown by demonstrating a breach of a statutory rule or careless action. Documents, witness statements, and expert reports can help. A lawyer can assist in building your case.
What if the government claims I am partly at fault?
If the government argues that you contributed to the damage (contributory negligence), the compensation may be reduced. The court determines to what extent your conduct played a role. For example, ignoring a warning may affect the outcome. Ensure good documentation of all relevant facts.
Will I also receive compensation for emotional damage?
Yes, in certain cases compensation for immaterial damage is possible, such as emotional suffering or reputational damage. This depends on the severity of the damage and its connection to the unlawful act. The court assesses this on a case-by-case basis.