In some situations, you must claim damages from the government via the civil court. This applies, for example, in cases of significant damage or actions without a formal decision.
When do you opt for the civil court?
A case before the civil court is relevant in the following situations:
- Damage amount exceeding € 25,000
- Damage caused by factual actions (no official decision)
- Private law actions by the government
- When the administrative court has no jurisdiction
Steps in the procedure
- Write a liability letter to the government
- Initiate a case by serving a summons on the government at the court
- Exchange legal documents (pleadings)
- Attend the hearing
- Receive the final judgment
Overview of costs
| Type of costs | Amount |
|---|---|
| Court fees | Depends on the amount of the claim |
| Lawyer's fees | Often necessary for higher claims |
| Bailiff's fees | For serving the summons |
Importance of formal legal force
Take into account the rule of formal legal force:
- A decision against which no objection is possible anymore is considered lawful
- Damages via the civil court are then no longer possible
- Therefore, always file an objection and appeal on time!
Frequently asked questions about civil procedures
Is a lawyer mandatory?
For cases up to € 25,000 at the sub-district court, no; at the district court, yes.
What is the duration of such a procedure?
Usually 1 to 2 years, depending on the case.
Who bears the costs in case of victory?
The losing party often pays part of the procedural costs, but not all.
Local information for Rijswijk
For cases in Rijswijk, the procedure falls under the District Court of The Hague. For legal advice, you can go to the Legal Counter Rijswijk.