At the administrative court in Utrecht, you can claim compensation for damage under certain conditions. This can be done simultaneously with an appeal procedure or via a separate request.
Compensation for Damage via the Administrative Court
With the introduction of the Wet nadeelcompensatie en schadevergoeding bij onrechtmatige besluiten (Compensation for Disadvantage and Damage Compensation Act for Unlawful Decisions), it is possible to claim damage from the administrative court in Utrecht for:
- Damage resulting from an unlawful government decision
- Damage caused by an unlawful act during the performance of a public task
Options for Compensation for Damage
| Procedure | Moment | Maximum Amount |
|---|---|---|
| Request during appeal | Simultaneously with appeal against a decision | € 25,000 |
| Independent request | After final determination of the decision | € 25,000 |
| Civil procedure | For higher damage or other situations | No limit |
Conditions for Compensation for Damage
To qualify for compensation for damage in Utrecht, you must prove:
- That the decision is unlawful (annulled by the court)
- That you have suffered damage
- That there is a direct causal link between the decision and the damage
Types of Damage
- Financial damage: loss of income, asset damage
- Non-financial damage: emotional impact, reputational damage
- Additional costs: legal costs, expert costs
Frequently Asked Questions about Compensation for Damage
Is compensation for damage possible without annulment of the decision?
Generally not. The decision must first be deemed unlawful (annulled or withdrawn).
What if my damage exceeds € 25,000?
In that case, you must go to the civil court for the amount exceeding € 25,000.
How do I prove my damage?
With evidence such as receipts, bank statements, expert reports, and other documents.
Contact and Locations in Utrecht
Court: District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Assistance: Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht