In Utrecht, you can claim non-material damage compensation (pain and suffering) from the government in addition to material damage for psychological or emotional suffering.
What does non-material damage entail?
Non-material damage concerns suffering that cannot be directly expressed in money:
- Emotional stress and psychological pain
- Damage to reputation or honour
- Mental injuries
- Loss of enjoyment of life
When are you entitled to non-material compensation?
You can claim non-material damage compensation in Utrecht in cases of:
- Physical injury caused by the government
- Personal infringement
- Violation of the memory of a deceased person
- Serious violation of fundamental rights
Examples in Utrecht administrative law
| Circumstance | Compensation |
|---|---|
| Unlawful detention | € 80-105 per day |
| Excessively long procedure time | € 500 per six months |
| Violation of privacy | Varies per case |
| Serious government errors | Dependent on impact |
Reasonable term in procedures
A common reason for non-material damage compensation is exceeding the reasonable term. Procedures must not take unnecessarily long:
- Objection and appeal: maximum 2 years
- Including appeal on appeal: maximum 4 years
- Compensation: € 500 per half year of delay
Practical information for Utrecht
For applying for non-material damage compensation in Utrecht, you can go to the District Court Midden-Nederland (Vrouwe Justitiaplein 1) if it concerns an administrative law case. For advice, you can contact the Juridisch Loket Utrecht (Catharijnesingel 55).
Frequently asked questions
How high is the non-material damage compensation?
The amount depends on the severity of the situation. Amounts can vary from a few hundred euros to several thousand euros.
Do I need to provide proof of psychological suffering?
In cases of serious violations, damage is often presumed. In less serious cases, you must provide evidence such as medical reports.
Where can I file a claim in Utrecht?
You can submit a request to the administrative judge via the District Court Midden-Nederland or to the civil judge, depending on your case.