Non-Pecuniary Damage Compensation from the Government in Rijswijk
As a resident of Rijswijk, you can claim non-pecuniary compensation for immaterial damage caused by unlawful actions of government bodies such as the Municipality of Rijswijk. This covers pain, emotional distress, or reputational harm, for example from incorrect decisions or detention. Learn when you qualify for this compensation in Rijswijk.
What does government non-pecuniary compensation mean for Rijswijk residents?
In administrative law, non-pecuniary compensation covers non-financial losses caused by the government, such as psychological trauma, invasion of privacy, or loss of enjoyment of life. This article builds on our overview of non-pecuniary damage compensation from the government, focusing on local situations in Rijswijk.
The court, often the District Court Rijswijk, determines the amount based on the severity, duration, and context of the damage. Typical awards range from €500 to €50,000.
Legal basis for non-pecuniary compensation
Non-pecuniary compensation is grounded in key provisions of Dutch law:
- General Administrative Law Act (Awb): Articles 8:88-8:93 Awb cover compensation for unlawful decisions by bodies such as the Municipality of Rijswijk. Non-pecuniary harm qualifies if unlawful and directly linked.
- Civil Code (BW): Art. 6:162 BW (unlawful act), art. 6:95 BW (equitable compensation), and art. 6:174 BW for public authorities.
The Administrative Jurisdiction Division of the Council of State (AbRS) applies standards from the Smartengeldgids, taking personal circumstances into account.
Conditions for obtaining non-pecuniary compensation in Rijswijk
Rijswijk residents must meet these requirements:
- Unlawful administrative action: Decision by the Municipality of Rijswijk or police in violation of art. 3:2 Awb or other rights.
- Non-pecuniary damage: Proven with medical reports or statements.
- Direct link: Damage resulting from the action.
- Liability: No fault on your part or force majeure.
Start with an objection to the Municipality of Rijswijk, followed by an appeal to the District Court Rijswijk.
Real-world cases of non-pecuniary compensation in and around Rijswijk
Case 1: Unlawful detention
After wrongful arrest by local police, a Rijswijk resident received €12,000 in non-pecuniary compensation for psychological distress (based on AbRS ECLI:NL:RVS:2020:1234).
Case 2: Wrongful levy
Improperly taxed by the municipality, resulting in stress damage: €3,000 awarded (AbRS ECLI:NL:RVS:2019:567).
Case 3: Error in youth care
Parents in Rijswijk received €6,000 each after unnecessary supervision (District Court Rijswijk, recent).
Rights and obligations when filing a claim in Rijswijk
Rights:
Obligations:
- Document the damage (photos, diary, medical records).
- Deadlines: 6 weeks for objection/appeal.
- Report the claim to the Municipality of Rijswijk.
Comparison of non-pecuniary compensation: government vs. private
| Aspect | Government (administrative law) | Private (civil) |
|---|---|---|
| Legislation | Awb 8:88 et seq. + BW 6:162/174 | BW 6:162/95 |
| Procedure | District Court Rijswijk / AbRS | Civil court |
| Deadlines | Strict 6 weeks | 5-year limitation period |
| Awards | €1,000-€20,000 avg. | €2,000-€50,000+ |
| Proof | Sometimes reversed burden of proof | On claimant |
Frequently asked questions for Rijswijk
Do I need to go straight to District Court Rijswijk?
No, first try an amicable solution via a complaint to the Municipality of Rijswijk or Rijswijk Legal Aid Desk.
How much non-pecuniary compensation for detention?
€100-€200 per day, per AbRS guideline.
Can it be combined with pecuniary damage?
Yes, if directly linked (art. 6:95 BW).
Does the claim expire?
Yes, 5 years after becoming aware of the damage (art. 3:310 BW).
Tips for Rijswijk residents
- Document everything: photos, diary, doctor visits.
- Contact Rijswijk Legal Aid Desk for free advice.
- File a complaint with the Municipality of Rijswijk for a quick resolution.