In some situations, it is necessary to claim compensation from the government via the civil court. This applies, for example, in cases of significant damage or actions by the government that are not decisions.
When do you choose the civil court?
A case before the civil court is relevant in the following cases:
- Damage amount higher than € 25,000
- Damage caused by factual actions (not an official decision)
- Private law acts of the government
- If the administrative court has no jurisdiction
Steps in the procedure
- Write a liability letter to the government
- Start a case by serving a summons on the government at the court
- Exchange and receive procedural documents (pleadings)
- Attend the hearing
- Receive the judgment of the court
What does it cost?
| Type of costs | Amount |
|---|---|
| Court fees | Depends on the amount of the claim |
| Lawyer's fees | Often necessary for higher claims |
| Bailiff's costs | For serving the summons |
Importance of res judicata
Take into account the rule of res judicata:
- A decision against which no objection is possible anymore is considered lawful
- Compensation via the civil court is then no longer possible
- Therefore, always file an objection and appeal on time!
Practical information for Utrecht
For cases in Utrecht, you can go to:
- District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht, for free legal advice
Frequently asked questions about civil procedures
Is a lawyer mandatory?
Not at the subdistrict court (claims up to € 25,000), but yes at the district court.
What is the duration of a civil case?
Usually it takes 1 to 2 years, depending on the complexity of the case.
Who bears the costs in case of victory?
The losing party is often ordered to pay the procedural costs, but this does not always cover everything.