If you win an objection or appeal in Rijswijk, you can claim reimbursement for court costs. This often concerns a fixed (forfaitair) amount.
When do you receive court costs reimbursement?
Reimbursement for court costs is possible under the following conditions:
- Your objection or appeal is (partly) upheld
- The decision is withdrawn due to an error by the administrative authority
- You have explicitly requested reimbursement
Which costs are reimbursed?
| Type of costs | Type of reimbursement |
|---|---|
| Legal assistance | Based on points system |
| Expert reports | Actual costs (up to a maximum) |
| Witness fees | Fixed reimbursement per witness |
| Travel expenses | Based on public transport or kilometer allowance |
| Loss of earnings | Compensation for lost income |
Points system for legal assistance
The reimbursement for legal assistance follows the rules from the Decree on Court Costs in Administrative Law:
- Filing objection notice/appeal notice: 1 point
- Participation in hearing or session: 1 point
- Value per point: €875 (appeal) or €597 (objection)
- Weighting factor: between 0.25 and 2, depending on case complexity
How do you apply for reimbursement?
You must apply for court costs reimbursement yourself:
- For objection: before the decision on your objection
- For appeal: during the hearing or in your appeal notice
Frequently asked questions about court costs reimbursement
Are my full lawyer costs reimbursed?
In most cases no. The reimbursement is a fixed amount and often covers only part of the actual costs.
What if I did not engage a lawyer?
Then you receive no reimbursement for legal assistance, but you do for any travel or loss of earnings costs.
Do I have to pay court costs if I lose?
No, in administrative law, a losing citizen is not required to pay the administrative authority's court costs.
Extra questions and answers
How is the reimbursement for legal assistance calculated?
The calculation is via a points system. An objection notice or appeal notice yields 1 point, as does a hearing or session. A point is worth €875 (appeal) or €597 (objection), multiplied by a factor of 0.25 to 2 depending on complexity. Example: for 2 points and factor 1.5 in appeal, you receive 2 × €875 × 1.5 = €2,625.
Can I get costs reimbursed that I incurred before the objection?
No, only costs incurred during the objection or appeal phase qualify. Costs for prior advice or investigation are excluded, but costs for experts or witnesses during the procedure may sometimes be reimbursed.
What if my reimbursement request is rejected?
If rejected, you can appeal to the administrative court, such as the District Court of The Hague. File an appeal notice within 6 weeks and explain why you disagree, with supporting documents such as invoices.
Do I always receive reimbursement in a won case?
Not automatically. Reimbursement is only awarded if you have requested it and your case is (partly) upheld. The court may limit the reimbursement for unreasonably high costs or if the decision was not entirely unjustified.
How do I apply for reimbursement of travel and loss of earnings costs?
Specify these costs in your request. Travel expenses are reimbursed based on public transport or a kilometer allowance (€0.19 per km). For loss of earnings, you must demonstrate the lost income, for example with an employer's statement.
What if I file my request too late?
If the application is late, the reimbursement may be refused. Therefore, apply in a timely manner: for objection before the decision, and for appeal during the hearing or in your appeal notice.
Can I get more reimbursement in a complex case?
Yes, in a very complicated case, the weighting factor can be increased up to 2. This applies, for example, to complex legal issues or major errors by the administrative authority. Substantiate this well in your application.
For more information or help, you can contact the Juridisch Loket Rijswijk.