If you win an objection or appeal in Utrecht, you can apply for reimbursement of procedural costs. This often involves a fixed (forfaitair) amount.
When are you entitled to reimbursement of procedural costs?
You may be entitled to reimbursement if:
- Your objection or appeal is (partly) declared well-founded
- The decision is withdrawn due to an error by the administrative authority
- You have explicitly requested reimbursement
Which costs are reimbursed?
| Type of costs | Reimbursement |
|---|---|
| Legal assistance | Based on points system |
| Expert reports | Actual costs (up to a maximum) |
| Witness fees | Fixed amount per witness |
| Travel expenses | Based on public transport or kilometer allowance |
| Loss of earnings | Compensation for lost income |
Points system for legal assistance
The reimbursement for legal assistance follows the Decree on Procedural Costs in Administrative Law:
- Filing objection or appeal: 1 point
- Participation in hearing or session: 1 point
- Value per point: €875 (appeal) or €597 (objection)
- Complexity factor: 0.25 to 2, depending on the case
How do you apply for reimbursement?
You must submit a request yourself for reimbursement of procedural costs:
- For objection: before the decision on your objection
- For appeal: during the session or in the appeal document
Practical information for Utrecht
For legal support, you can go to the Juridisch Loket Utrecht, located at Catharijnesingel 55. For appeal cases, you can contact the District Court Midden-Nederland, located at Vrouwe Justitiaplein 1.
Frequently asked questions
Are all my lawyer's costs reimbursed?
No, usually you receive a fixed amount that does not cover all costs.
What if I did not have legal assistance?
Then you cannot get reimbursement for legal aid, but you can for travel expenses or loss of income.
Do I have to pay costs if I lose?
No, in administrative law, as a citizen you are not required to pay costs if you lose.
Extra questions and answers
How is my reimbursement for legal aid calculated?
The calculation is via a points system. An objection or appeal document yields 1 point, as does a session. A point is worth €875 (appeal) or €597 (objection), multiplied by a factor between 0.25 and 2 depending on complexity. Example: 2 points with factor 1.5 in appeal yields 2 × €875 × 1.5 = €2,625.
Can I get costs reimbursed from before my objection?
No, only costs incurred during the procedure are eligible. Costs for prior advice are excluded, but expert costs during the case may be included.
What if my request for reimbursement is refused?
You can lodge an appeal with the administrative court within 6 weeks. Explain why you disagree and attach evidence, such as invoices.
Do I always get reimbursement if I win?
No, only if you have submitted a request and your case is (partly) well-founded. The court may limit the reimbursement for unreasonable costs.
How do I apply for travel expenses and loss of earnings?
Mention these separately in your request. Travel expenses are reimbursed via public transport rates or €0.19 per km. For loss of earnings, you must prove income loss.
What if I am late with my request?
A late request may be rejected. Submit it before the decision on objection or during the appeal procedure.
Can I get more for a complex case?
Yes, for high complexity the factor can be increased up to 2. You must properly substantiate this in your application.