If the government in Utrecht acts unlawfully and you thereby suffer damage, you may be entitled to compensation for damage. This principle is called the unlawful government act.
What does an unlawful government act entail?
An unlawful government act concerns a government action that:
- Violates a statutory obligation
- Infringes a right
- Contravenes social norms and due care
Practical examples
| Scenario | Example situation |
|---|---|
| Incorrect decision | A permit in Utrecht is wrongly refused |
| Physical act | Damage due to poorly executed street works |
| Failure to intervene | No enforcement while this was necessary |
| Incorrect information | Wrong information provided by a municipal employee |
Conditions for a damage claim
To claim compensation for damage, you must prove:
- That the government has acted unlawfully
- That the act can be attributed to the government (fault or risk)
- That you have suffered damage
- That there is a direct connection between the act and the damage
- That the violated rule was intended to protect your interests
Procedural steps in Utrecht
For claiming compensation for damage, you can go to:
- The administrative judge (for example after withdrawal of a decision)
- The civil judge (for other matters)
For legal support in Utrecht, you can contact the Juridisch Loket Utrecht at Catharijnesingel 55, or submit cases to the District Court Midden-Nederland, Vrouwe Justitiaplein 1.
Frequently asked questions about unlawful government acts
Is annulment of a decision necessary?
Yes, for an unlawful decision, it must often first be annulled by the judge before you can file a damage claim.
What damage can I claim?
You can claim both material damage (financial loss) and in some cases immaterial damage (for example emotional impact), provided it is demonstrable.
What is the time limit for a claim?
The limitation period is 5 years from the moment you are aware of the damage and the responsible party.
Extra questions and answers
When is a government action considered unlawful?
An action is unlawful if it violates a statutory duty, infringes a right or does not comply with societal norms. Think of an incorrect decision (e.g. an unjustly refused permit in Utrecht), physical damage due to government action, failure to take necessary measures or incorrect information from an official.
Can I file a claim without direct damage?
No, without demonstrable damage (material or immaterial) there is no basis for compensation for damage, even if the government was at fault. There must be a clear connection between the action and your loss.
Must I first file an objection?
For an incorrect decision, an objection or appeal procedure with the administrative judge is often required before you can claim damage. For other cases, you can go directly to the civil judge, such as at the District Court Midden-Nederland in Utrecht.