At the administrative court, you can claim compensation for damage under certain conditions. This can be done simultaneously with an appeal or via a separate procedure.
Compensation for Damage via the Administrative Court
With the introduction of the Act on Disadvantage Compensation and Compensation for Damage Caused by Unlawful Decisions, it is possible to claim damage from the administrative court for:
- Damage resulting from an unlawful decision
- Damage caused by an unlawful act in the performance of a public law function
Options for Compensation for Damage
| Procedure | Moment | Maximum Amount |
|---|---|---|
| Request during appeal | Simultaneously with appeal against decision | € 25,000 |
| Independent request | After the decision has become final and conclusive | € 25,000 |
| Civil procedure | For higher damage or other situations | No limit |
Conditions for Compensation for Damage
To qualify for compensation for damage, you must prove:
- That the decision is unlawful (annulled by the court)
- That actual damage has been suffered
- That there is a direct causal link 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, costs for experts
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 The decision must first be deemed unlawful (annulled or withdrawn).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?
In that case, you can bring a case to the civil court for the amount exceeding € 25,000.
How do I prove my damage?
With documents such as invoices, bank statements, expert reports, and other evidence.
Practical Information for Rijswijk
For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are handled by the District Court of The Hague, which is responsible for this district.
Additional Questions and Answers
When can I file a claim with the administrative court?
A claim is possible if an administrative authority has taken an unlawful decision that has caused damage. This decision must have been annulled by the court. You can file the claim during the appeal or separately after the decision has become final and conclusive.
What distinguishes material from immaterial damage?
Material damage includes financial losses, such as lost income or incurred costs. Immaterial damage concerns emotional or psychological consequences, such as stress or loss of reputation. Both can be claimed, but immaterial damage is often harder to prove.
How long does a compensation procedure take?
The duration varies depending on the case and the workload at the court. Generally, it takes several months to a year. A simultaneous claim with an appeal may take extra time.
Can I recover legal costs?
Yes, costs for lawyers and proceedings can be claimed under 'costs'. These must be properly documented with invoices and proof of payment.