Before the administrative court, you can claim compensation for damage in certain situations. This can be done during an appeal procedure or via a separate request.
Compensation for Damage via the Administrative Court
Due to the introduction of the Damage Compensation Act and compensation for damage due to unlawful decisions, it is possible to submit a claim to the administrative court for:
- Damage resulting from an incorrect decision
- Damage due to an unlawful act within a public law task
Options for a Request
| Method | Timing | Maximum Amount |
|---|---|---|
| Request during appeal | Simultaneously with appeal against decision | € 25,000 |
| Independent request | After the decision becomes final | € 25,000 |
| Civil procedure | For higher damage or other situations | No limit |
Conditions for Compensation for Damage
To qualify for compensation, you must prove:
- That the decision is unlawful (withdrawn by the court)
- That you have suffered damage
- That there is a direct connection between the decision and the damage
Types of Damage
- Financial damage: loss of income, asset damage
- Non-financial damage: emotional impact, reputational damage
- Costs: legal costs, expert costs
Frequently Asked Questions about Compensation for Damage
Is compensation for damage possible without annulment of the decision?
Generally not. The decision must first be deemed unlawful (annulled or withdrawn).
What if my damage exceeds € 25,000?
For the amount above € 25,000, you must bring a case before the civil court.
How do I prove my damage?
With receipts, bank statements, expert reports, and other evidence.
Additional Information for Zoetermeer
For legal support in Zoetermeer, you can go to the Legal Counter Zoetermeer. Procedures are generally handled by the District Court of The Hague, under which Zoetermeer falls.
Specific Frequently Asked Questions
When can I file a damage claim with the administrative court?
A claim is possible if an administrative authority has taken an incorrect decision that has caused you damage. This decision must be declared invalid by the court. This can be during an appeal procedure or in a later, separate case.
What distinguishes material from immaterial damage?
Material damage includes financial losses, such as lost income or incurred costs. Immaterial damage concerns emotional or psychological impact, such as stress or loss of reputation. Both can be claimed, but immaterial damage is often more complex to prove.
How long does a compensation procedure take?
The duration varies depending on the case and the workload at the court. Generally, a procedure takes several months to a year. A simultaneous request with an appeal may take a bit more time.
Can I also claim legal costs?
Yes, costs for lawyers and other procedural costs can be claimed under the heading 'costs'. These must be properly documented with invoices and proof of payment.
What if the government does not pay the compensation?
If the government does not pay voluntarily, you can engage a bailiff to enforce payment via attachment or bank accounts. This process can take time, but the judgment must be complied with.
Is a lawyer necessary for this procedure?
It is not mandatory, but it is advisable to engage a lawyer. A lawyer helps build your case and gather evidence, especially in complicated cases or high amounts.