Attribution of Governmental Acts in Zoetermeer

Attribution of Governmental Acts in Zoetermeer

In Zoetermeer, attribution of governmental acts plays a key role in claims against local government, such as the Municipality of Zoetermeer. It concerns the question of whether an erroneous action by a civil servant or municipal service can be attributed to the government itself, allowing residents to claim damages on the basis of an unlawful governmental act.

Legal Basis

The rules on attribution of governmental acts are found in civil law, particularly Article 6:162 of the Dutch Civil Code, which governs unlawful acts and imposes an obligation to compensate for damages. For government bodies such as the Municipality of Zoetermeer, Article 6:163 of the Dutch Civil Code applies to internal attribution, but Supreme Court case law is decisive. Relevant rulings:

• Katwijk ruling (Supreme Court 27 November 1992, NJ 1993/293): Attribution applies if the act falls within the civil servant's 'tasks and authority'.
• Bleker ruling (Supreme Court 26 June 2009, NJ 2010/157): The appearance of authority can also lead to attribution.

In administrative matters, Article 3:4 of the General Administrative Law Act refers to governmental acts, but damage claims proceed via the Dutch Civil Code and the District Court of Zoetermeer.

Conditions for Attribution

Attribution to the Municipality of Zoetermeer requires that three criteria are met simultaneously:

1. Task-related: The civil servant must be acting in their public role, including closely related activities.
2. Organizational link: A clear connection to the municipality, such as hierarchy; freelancers are usually not attributed.
3. Not a private act: The act must be bound to official duties.

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

Exceptions to Attribution

Not all civil servant errors make the Municipality of Zoetermeer liable. Exceptions include:

• Private acts: Such as a civil servant receiving a private fine in the office.
• Investigation in good faith: Limited by Article 6:175 of the Dutch Civil Code.
• Gross deviation: Violence for private reasons, far outside duties.

Comparison: Attributable vs. Non-Attributable

Practical Examples in Zoetermeer

A resident of Zoetermeer applies for an environmental permit with the Municipality of Zoetermeer. The civil servant loses the documents and rejects it. Damage arises from the delay: attributable, claimable via the District Court of Zoetermeer under Article 6:162 of the Dutch Civil Code.

Or: during an inspection in Zoetermeer, an officer unnecessarily damages property. Usually attributable, unless private motive. File your claim with the police or municipality.

Counterexample: an employee of the Waste Services steals something during a collection round. Possibly not attributable if purely private, but the service context weighs heavily.

Rights and Obligations in Case of Attribution

Rights of Zoetermeer residents:

• Claim damages via the District Court of Zoetermeer or administrative procedure.
• Prove causality between the act and the damage.
• Statute of limitations: 5 years (Article 3:310 of the Dutch Civil Code).

Obligations of the Municipality of Zoetermeer:

• Seek internal recourse in case of gross fault.
• Handle incidents transparently.

For advice: contact unlawful governmental act or the Legal Aid Office in Zoetermeer.

Frequently Asked Questions

Tips and Recommendations

For a claim against a governmental act in Zoetermeer:

• Document thoroughly: dates, names, witnesses.
• Report in writing to the Municipality of Zoetermeer and lodge an objection.
• Seek free assistance from the Legal Aid Office in Zoetermeer.
• Initiate proceedings at the District Court of Zoetermeer within the time limit.