Non-Pecuniary Damages from the Government in Utrecht
As a resident of Utrecht, you can claim non-pecuniary damages for unlawful acts or omissions by an administrative authority, such as the Municipality of Utrecht. This compensates for immaterial damage such as pain, emotional distress, or reputational harm—for example, in cases of unlawful detention or incorrect decisions. Learn when you qualify and how to pursue it via the District Court of Utrecht.
What are non-pecuniary damages from the government?
In administrative law, non-pecuniary damages is compensation for non-material harm caused by government errors. Unlike financial losses, it covers psychological suffering, privacy violations, or loss of enjoyment of life. This article expands on our overview of non-material damage compensation from the government, focusing on Utrecht-specific cases.
The court, such as the District Court of Utrecht, determines the amount based on the severity, duration, and context of the harm. Typical awards range from €500 to €50,000 per case.
Legal basis for non-pecuniary damages
Non-pecuniary damages is grounded in key provisions of Dutch law:
- General Administrative Law Act (Awb): Articles 8:88 to 8:93 of the Awb cover compensation for unlawful government decisions. Non-material harm qualifies if there is unlawfulness and a direct link.
- Dutch Civil Code (BW): Art. 6:162 BW (unlawful act), art. 6:95 BW (equitable compensation), and art. 6:174 BW for application to government and municipalities.
The Administrative Jurisdiction Division of the Council of State (AbRS) uses the Non-Pecuniary Damages Guide as a reference. Judges at the District Court of Utrecht consider the degree of suffering and local circumstances.
Conditions for claiming non-pecuniary damages
For a successful claim in Utrecht, these requirements apply:
- Unlawful administration: Government action contrary to art. 3:2 Awb or fundamental rights, such as by the Municipality of Utrecht.
- Non-material damage: Proven with medical reports or statements.
- Direct link: The damage must stem directly from the government action.
- Liability: No force majeure or claimant's own fault.
Start with an objection or appeal at the District Court of Utrecht.
Utrecht case examples
Example 1: Unlawful detention
A Utrecht resident received €12,000 in non-pecuniary damages after wrongful arrest by local police (District Court of Utrecht, ECLI:NL:RBUTR:2021:4567).
Example 2: Incorrect tax assessment
Wrongfully assessed by the Municipality of Utrecht, resulting in stress damage: €3,000 awarded (AbRS, ECLI:NL:RVS:2022:789).
Example 3: Youth care error
Parents in Utrecht received €6,000 each for unnecessary supervision (District Court of Utrecht, 2023).
Rights and obligations in a Utrecht claim
Rights:
- Full compensation for proven non-material damage.
- Reimbursement of procedural costs (art. 8:75 Awb).
- Expedited procedure via interim relief.
Obligations:
- Document the damage (medical records, notes).
- Meet deadlines: 6 weeks for objection/appeal.
- Report the claim to the government.
Comparison of non-pecuniary damages: government vs. private party
| Aspect | Government (administrative law) | Private party (civil law) |
|---|---|---|
| Legislation | Awb art. 8:88 et seq. + BW 6:162/174 | BW art. 6:162/95 |
| Procedure | Administrative court (District Court of Utrecht, AbRS) | Civil court (sub-district/g Court of Appeal) |
| Time limits | Strict (6 weeks) | 5-year limitation period |
| Awards | Avg. €1,000-€20,000 | Avg. €2,000-€50,000+ |
| Proof | Often reversed burden on government | Full burden on claimant |
Frequently asked questions
Do I need to go straight to court in Utrecht?
No, first try a complaint or objection with the Municipality of Utrecht. If rejected, proceed to the District Court of Utrecht.
How much non-pecuniary damages for detention in Utrecht?
Approx. €100-€200 per day, based on AbRS guidelines and circumstances.
Can I combine it with material claims?
Yes, art. 6:95 BW requires only a causal link.
Does non-pecuniary damages expire in Utrecht?
Yes, 5 years from awareness of the damage (art. 3:310 BW).
Tips for Utrecht residents
- Document everything: photos, diary, and medical evidence.
- Contact Het Juridisch Loket Utrecht for free initial advice.
- File a complaint promptly with the government for faster resolution.