The Points System for Procedural Costs in Utrecht
In Utrecht, the points system for procedural costs applies to proceedings at the Utrecht District Court, for example if you prevail against the Municipality of Utrecht or other administrative authorities. This system calculates reimbursement of your legal costs based on points for tasks performed by your lawyer or advisor. It ensures clarity and fairness for Utrecht residents in administrative law disputes, such as objections to permits or taxes.
Legal Basis at Utrecht District Court
The points system is laid down in the Decree on Procedural Costs in Administrative Law (BPB), Article 1 and Annex 1, based on Article 8:75 of the General Administrative Law Act (Awb). The judge at the Utrecht District Court must award costs to the winning party. The Council of State adjusts the rates annually in the BPB Annex. This applies to cases before the administrative court in Utrecht. For the latest rates: check the Government or Council of State website. More about procedural costs award in administrative law.
How to Calculate Your Reimbursement in Utrecht?
Three steps: assign points per task, multiply by weighting factor and point value based on income. Maximum 50 points (factor 1) or 100 (factor 2) per instance.
- Points per task (BPB Annex 1):
| Task | Points |
|---|---|
| Notice of default | 0,5 |
| Handling revision request | 1 |
| Filing objection | 1 |
| Attending hearing | 1 |
| Filing appeal | 2 |
| Submitting documents | 1 per document (max 2) |
| Appeal with legal conclusions | 2,5 |
- Weighting factor: 1 (simple), 2 (complex, e.g., intricate Utrecht spatial planning cases).
- Point value (2024, income):
| Category | Single | Cohabiting | Point value |
|---|---|---|---|
| I (low) | ≤ €27.900 | ≤ €39.400 | €108 |
| II | €27.901-€46.500 | €39.401-€65.300 | €98 |
| III | €46.501-€69.800 | €65.301-€98.000 | €82 |
| IV (high) | > €69.800 | > €98.000 | €66 |
Rates change annually; see current BPB Annex.
Utrecht Examples
Example 1: Objection against Municipality of Utrecht. Objection (1 point) + hearing (1 point). Total 2 points x factor 1. Category II: 2 x €98 = €196.
Example 2: Appeal at Utrecht District Court. Appeal (2), hearing (1), legal conclusions (2,5) x factor 2 = 11 points. Category III: 11 x €82 = €902.
If the judge awards fewer points, request a revision.
Rights and Obligations in Utrecht
Rights:
- Reimbursement if you win (Awb 8:75).
- Free choice of lawyer; no mandatory legal aid.
- Extra reimbursement in exceptional cases (up to 2x maximum).
Obligations:
- Keep invoices and details.
- Claim within 4 weeks after judgment.
- Provide accurate income details; fraud leads to repayment.
FAQs for Utrecht Residents
Claim points without a lawyer?
Yes, max 50% for your own work (25 points), with justification.
More complex than factor 2?
Request more than 100 points with evidence (Awb 8:76).
Applies to higher courts?
Yes, including the Council of State.
With legal aid certificate?
Points system is supplementary; claim reimbursement from the government.
Tips for Utrecht Residents
Maximize your reimbursement:
- Log hours per BPB task.
- Choose an administrative law specialist familiar with Utrecht District Court.
- Discuss no-win-no-fee or fixed fee arrangements.
- Check the judgment for the cost award.
- Start at Het Juridisch Loket Utrecht for free advice.
- See also procedural costs award, objection procedure or legal aid certificate.
Unsure about your Utrecht case? Contact Het Juridisch Loket Utrecht.