The points system for procedural costs reimbursement in Den Haag
In Den Haag, the points system for legal assistance is used to calculate reimbursements for legal costs in administrative law proceedings. This applies if you win against a local authority, such as the Municipality of Den Haag or the Tax Authorities. You then receive compensation for your lawyer or advisor, based on points for tasks performed. This system provides clarity and fairness for Den Haag residents in disputes.
Legal basis in administrative law
The points system is set out in the Decree on Procedural Costs in Administrative Law (BPB), Articles 1 and Annex 1, supported by Article 8:75 of the General Administrative Law Act (Awb). The judge at the District Court of Den Haag must award costs to the winning party. The Council of State adjusts the rates and standard amounts annually in the BPB Annex.
These rules apply to cases before the administrative court, such as objections to decisions by the Municipality of Den Haag on permits or benefits. It builds on the standard procedural costs reimbursement in administrative law. Check current rates on the Government or Council of State website.
How to calculate your reimbursement step by step
The formula has three phases: points for activities, multiplied by a weighting factor, and applying the point value based on income. Maximum 50 points (factor 1) or 100 points (factor 2) per authority.
- Points per activity: From BPB Annex 1. Some examples:
| Activity | 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 for simple cases, 2 for complex ones (many facts or legal issues).
- Point value: Varies by income group (2024):
| Group | Income single | Income couple | 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 |
Note: Rates change annually; see latest BPB Annex.
Examples from Den Haag practice
Example 1: Simple objection to the Municipality of Den Haag. Objection to parking decision (1 point) plus hearing (1 point). Total 2 points x factor 1. Group II: 2 x €98 = €196.
Example 2: Complex appeal at the District Court of Den Haag. Filing appeal (2), hearing (1), legal conclusions (2.5), factor 2. 5.5 x 2 = 11 points. Group III: 11 x €82 = €902.
Sometimes the judge awards fewer points; challenge this with a revision request.
Rights and obligations for Den Haag residents
Rights:
- Reimbursement upon winning (Awb art. 8:75).
- Free choice of lawyer, no mandatory subsidized aid.
- Extra reimbursement for exceptional cases (up to 2x maximum).
Obligations:
- Keep receipts and work descriptions.
- Claim within 4 weeks after judgment.
- Provide correct income; otherwise repay.
Frequently asked questions about Den Haag
Claim points without a lawyer?
Yes, up to 50% for own work (max 25 points), with explanation.
Too complex for factor 2?
Request higher reimbursement with evidence (Awb art. 8:76).
Applies to District Court of Den Haag?
Yes, BPB for all administrative courts including Council of State.
With legal aid certificate?
Points system is additional; still claim from government.
Tips for Den Haag residents
Maximize your reimbursement:
- Log hours per BPB activity.
- Choose an expert in administrative law for the District Court of Den Haag.
- Discuss no-win-no-fee upfront.
- Check judgment for award.
- Visit Juridisch Loket Den Haag for free initial advice. See also procedural costs reimbursement, objection procedure or legal aid certificate.
Unsure about your case? Contact Juridisch Loket Den Haag.
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