Damages for Unlawful Act in Zoetermeer
Damages for unlawful act helps residents of Zoetermeer recover losses caused by unlawful actions, for example those of the Municipality of Zoetermeer. Within general administrative law, this is a key tool when a local government decision results in damage. Learn how to file a claim with the District Court of Zoetermeer and the requirements that apply.
Legal Basis for Damages for Unlawful Act
The foundation of damages for unlawful act is Article 6:162 of the Civil Code (CC), which imposes liability for damages resulting from unlawful acts. An act is unlawful if:
- It conflicts with a subjective legal duty, such as a duty of care;
- It violates an objective legal standard, for example a statutory prohibition;
- It is unlawful by general standards, such as negligence or recklessness.
In administrative law, this is relevant for flawed decisions by the Municipality of Zoetermeer. The General Administrative Law Act (GALA), including Article 3:2 GALA (due care) and Chapter 14 GALA (Articles 8:86-8:92), governs compensation by local authorities. After annulment of an unlawful decision, you can file a claim. This builds on our article about limitation periods for government claims.
Requirements for a Successful Damage Claim
For an award of damages for unlawful act, four conditions must be met (Art. 6:162 CC):
- Unlawful act: The action or omission is unlawful.
- Attributable: The act can be attributed to the responsible party, such as the Municipality of Zoetermeer.
- Damage: Proven losses, such as financial damage, non-pecuniary personal injury or lost income.
- Causal link: Direct connection under the conditio sine qua non theory or adequate causation theory.
The limitation period expires five years after discovery of the damage and the perpetrator (Art. 3:310 CC). For government claims: see Limitation Periods for Claims Against the Government.
Example from Zoetermeer: Erroneous Building Permit
The Municipality of Zoetermeer grants your neighbors a building permit, but it violates your property rights and is annulled. Construction work causes nuisance and €20,000 in property value loss. You claim damages for unlawful act at the District Court of Zoetermeer, which awards compensation if causality is proven.
Example: Delay in Environmental Permit Zoetermeer
A local entrepreneur in Zoetermeer waits months for an environmental permit due to inadequate reasoning (unlawful). He loses €50,000 in revenue and claims lost profits under Art. 6:162 CC, provided he proves the revenue would have been earned absent the delay.
Rights and Obligations When Filing a Claim
Your rights:
- Full compensation for proven damage (Arts. 6:95-6:98 CC).
- Pain and suffering award for non-pecuniary damage.
- Proceed to the administrative division of the District Court of Zoetermeer (GALA) or civil court.
Your obligations:
- Mitigate damage (Art. 6:178 CC).
- Provide evidence (receipts, valuation reports).
- File claim within the limitation period.
The government applies a deductible of €150 (Art. 8:91 GALA).
Overview of Damage Grounds
| Ground | Legal Basis | Government Application | Zoetermeer Example |
|---|---|---|---|
| Unlawful Act | Art. 6:162 CC | Unlawful administrative decision | Administrative demolition in Zoetermeer |
| Breach of Contract | Art. 6:74 CC | Rare (no contract) | N/A |
| GALA Compensation | Art. 8:86 GALA | Decision without legal effect | Delayed local subsidy |
Frequently Asked Questions
Can I claim damages against the municipality in Zoetermeer?
Yes, for an unlawful decision or action causing damage. Start with a request to the Municipality of Zoetermeer (Art. 8:88 GALA), followed by objection or appeal at the District Court of Zoetermeer.
What if the limitation period has expired?
Limitation after 5 years (Art. 3:310 CC), with exceptions for suspension (Art. 3:316 CC). See Limitation Periods for Claims Against the Government.
Do I need a lawyer in Zoetermeer?
Not necessarily, but recommended for complex cases. Arslan Advocaten offers a free initial consultation. Or start at Het Juridisch Loket Zoetermeer.
How do I prove damage?
Through invoices, expert reports or witnesses. The court requires 'more likely than not' probability.
Tips for Residents of Zoetermeer
Successfully claiming damages for unlawful act:
- Document thoroughly: Record dates, photos and correspondence with the Municipality of Zoetermeer.
- Act promptly: Request compensation from the municipality within a reasonable time.
- Try mediation: Often faster and more affordable.
- Seek help: Call Het Juridisch Loket Zoetermeer or Arslan Advocaten for free advice in your area.