Attribution of Governmental Tort in Utrecht
Attribution of governmental tort in Utrecht concerns the legal assessment of whether an unlawful act by a civil servant or body of the Municipality of Utrecht, province, or State can be imputed to the government. This is crucial for Utrecht residents filing damage claims against the government, enabling the Municipality of Utrecht or other public authorities to be held liable for unlawful governmental acts.
Legal Basis
The rules on attribution of governmental tort in Utrecht are enshrined in civil liability law, particularly Article 6:162 of the Dutch Civil Code (DCC), which defines unlawful acts and imposes an obligation to compensate for damage. For public authorities such as the Municipality of Utrecht, Article 6:163 DCC addresses internal attribution, but Supreme Court case law is decisive. Key rulings include:
- Katwijk case (Supreme Court 27 November 1992, NJ 1993/293): An act by a civil servant is attributable if it falls within the 'scope of duties and powers' of the Municipality of Utrecht.
- Bleker case (Supreme Court 26 June 2009, NJ 2010/157): Apparent authority can also lead to attribution to Utrecht public authorities.
In administrative law, Article 3:4 of the General Administrative Law Act (GALA) refers to qualification as a governmental act, but damage claims in Utrecht proceed under the DCC and are typically handled by the District Court of Utrecht.
Conditions for Attribution
For attribution of governmental tort in Utrecht, three criteria must be cumulatively met:
- Performance of Duties: The civil servant of the Municipality of Utrecht must act within their public role, including closely related activities.
- Organizational Link: A clear hierarchical connection to the government; external freelancers without an employment relationship do not qualify.
- No Private Act: The action must relate to public service delivery in Utrecht.
The Supreme Court applies a broad interpretation: even acting beyond authority can be attributable if it fits within the 'sphere of service' of the Municipality of Utrecht.
Exceptions to Attribution
Not all errors by Utrecht civil servants render the government liable. Exceptions include:
- Pure Private Acts: Such as a civil servant receiving a private fine during work hours.
- Law Enforcement Officers: Article 6:175 DCC limits attribution for good faith police actions in Utrecht.
- Extreme Deviations: For example, violence stemming from private frustration, far removed from duties.
Comparison of Attributable vs. Non-Attributable Cases in Utrecht
| Situation | Attributable? | Reason |
|---|---|---|
| Civil servant of Municipality of Utrecht wrongly refuses building permit | Yes | Within duties at Building and Housing Inspectorate counter |
| Police officer in Utrecht uses disproportionate force during arrest | Yes | Within sphere of police duties |
| Civil servant causes accident with private vehicle at work address | No | Private act |
| Tax official leaks data for personal gain | No | Major deviation from duties |
Practical Examples in Utrecht
Example: A Utrecht resident submits an environmental permit application to the Municipality of Utrecht. The civil servant loses the documents and rejects it due to an 'incomplete file.' You suffer damage from the delay – attributable to the municipality under Article 6:162 DCC, claimable at the District Court of Utrecht.
Or: During a house search in Kanaalstraat, an officer unnecessarily damages furniture. Attributable, unless motivated by private reasons. File your claim with the police or State.
Counterexample: A Utrecht waste collector steals a bicycle from a container during their route in Overvecht. Possibly non-attributable as purely private, but often attributable due to the service context.
Rights and Obligations in Cases of Attribution in Utrecht
Rights of Utrecht Residents:
- Claim damages via summons at the District Court of Utrecht or administrative objection.
- Provide proof of causal link.
- Statute of limitations: 5 years (Article 3:310 DCC).
Obligations of the Government:
- Internal recourse in cases of gross negligence.
- Transparent investigation by the Municipality of Utrecht.
Read our article on unlawful governmental acts in Utrecht for more details. Contact Het Juridisch Loket Utrecht for advice.
Frequently Asked Questions
Is an error by a freelance advisor for the Municipality of Utrecht attributable?
No, without an organizational link. See Supreme Court 13 July 2018, ECLI:NL:HR:2018:1270.
Can the Municipality of Utrecht reject a claim citing 'no attribution'?
Yes, but the District Court of Utrecht reviews critically; burden of proof lies with the government.
Does this apply to the Province of Utrecht and water boards?
Yes, uniformly for all public bodies (Article 1:1 GALA).
What if the Utrecht civil servant denies it?
Attribution is based on objective facts, not intent.
Tips and Recommendations for Utrecht Residents
For a strong claim involving attribution of governmental tort in Utrecht:
- Document thoroughly: dates, names, witness statements.
- Report damage in writing to the Municipality of Utrecht and initiate objection procedure.
- Seek free assistance from Het Juridisch Loket Utrecht (Utrecht Centrum location).
- Consider mediation via the District Court of Utrecht for faster resolution.