Compensation for Unlawful Acts in Utrecht
Compensation for unlawful acts helps Utrecht residents recover losses caused by unlawful actions, such as those by the Municipality of Utrecht. In general administrative law, this is essential for damage resulting from government decisions. Learn how Utrecht residents can file a claim with the District Court of Utrecht and meet the requirements.
Legal Basis for Compensation for Unlawful Acts
The foundation of compensation for unlawful acts is Article 6:162 of the Dutch Civil Code (DCC), which imposes liability for damages resulting from unlawful acts. An act is considered unlawful if:
- It violates a subjective legal duty, such as a duty of care;
- It breaches an objective legal norm, for example, a statutory prohibition;
- It is unlawful according to standards of proper social conduct, such as reckless behavior on Utrecht streets.
In administrative law, this is relevant for flawed decisions by the Municipality of Utrecht. The General Administrative Law Act (GALA), including Article 3:2 GALA (principle of due care) and Chapter 14 GALA (Articles 8:86 to 8:92), provides for compensation of damage. After annulment of an unlawful decision, you can proceed in the District Court of Utrecht. This builds on our article about statute of limitations for claims against the government.
Requirements for Awarding Compensation
For compensation for unlawful acts under Article 6:162 DCC, four requirements must be met:
- Unlawful act: The conduct or omission is unlawful.
- Attributability: Attributable to the party responsible, such as the Municipality of Utrecht.
- Damage: Proven loss, such as financial damage, non-pecuniary injury, or lost income.
- Causation: Direct link under the conditio sine qua non theory or adequate causation theory.
The statute of limitations runs after five years from discovery of the damage and the perpetrator (Article 3:310 DCC). For government claims: see Statute of Limitations for Claims Against the Government.
Practical Example: Unlawful Building Permit in Utrecht
The Municipality of Utrecht issues a building permit for a project in Kanaleneiland, but it infringes your neighbor's rights. Construction causes nuisance and €20,000 in property value loss. After annulment, you claim compensation for unlawful acts in the District Court of Utrecht, provided causation is established.
Practical Example: Delay Due to Unlawful Decision in Utrecht
A business owner in Utrecht's city center waits months for an environmental permit from the Municipality of Utrecht due to inadequate reasoning. This results in €50,000 lost turnover. He claims lost profits under Article 6:162 DCC by proving the income would have been earned absent the error.
Rights and Obligations in a Claim in Utrecht
Your rights:
- Full coverage of proven damage (Articles 6:95-6:98 DCC).
- Pain and suffering compensation for injury.
- Case before the administrative court or civil chamber of the District Court of Utrecht (GALA or DCC).
Your obligations:
- Mitigate damage (limit the loss yourself, Article 6:178 DCC).
- Provide evidence such as invoices and appraisals.
- File the claim before the statute of limitations expires.
The government applies a deductible of €150 (Article 8:91 GALA).
Comparison of Grounds for Compensation
| Ground | Legal Basis | Government Application | Utrecht Example |
|---|---|---|---|
| Unlawful act | Art. 6:162 DCC | EU law flawed decision | Demolition nuisance in Utrecht neighborhood |
| Breach of contract | Art. 6:74 DCC | Rare (no contract) | N/A |
| GALA compensation | Art. 8:86 GALA | Decision without legal effect | Delayed permit from Municipality of Utrecht |
Frequently Asked Questions
Can I claim compensation for unlawful acts against the Municipality of Utrecht?
Yes, for unlawful decisions or actions causing damage. Start with a request to the Municipality of Utrecht (Article 8:88 GALA), followed by objection or appeal to the District Court of Utrecht. The Utrecht Legal Aid Office offers free advice.
What if the statute of limitations has expired?
After 5 years, the claim is time-barred (Article 3:310 DCC), unless suspended (Article 3:316 DCC). Details in Statute of Limitations for Claims Against the Government.
Do I need a lawyer in Utrecht?
Not mandatory, but recommended for complex cases. Start at the Utrecht Legal Aid Office for free assistance or Arslan Advocaten for initial advice.
How do I prove the damage?
With invoices, expert reports, or witnesses. The court requires 'more likely than not' probability.
Tips and Recommendations for Utrecht Residents
Successfully claiming compensation for unlawful acts:
- Document thoroughly: Record incidents, take photos, and keep correspondence with the Municipality of Utrecht.
- Act promptly: Request compensation within a reasonable time from the administrative authority.
- Consider mediation: More efficient and cost-effective than the District Court of Utrecht.
- Seek local help: Contact the Utrecht Legal Aid Office or Legal Assistance from Arslan Advocaten for expert advice.