Damages for Unlawful Act
Damages for Unlawful Act helps residents of Den Haag recover compensation for harm caused by an unlawful act, for example by the Municipality of Den Haag or another administrative authority. In general administrative law, this is essential for damage resulting from government decisions. Learn how to file a claim with the District Court Den Haag and what requirements apply.
Legal Basis for Damages for Unlawful Act
The foundation of damages for unlawful act is Article 6:162 of the Civil Code (CC), which imposes an obligation to compensate for unlawful acts. An act is unlawful if:
- It breaches a subjective legal obligation, such as a duty of care;
- It violates an objective legal norm, for example a statutory prohibition;
- It conflicts with standards of decency, such as irresponsible conduct.
In administrative law in Den Haag, this often concerns flawed decisions by the Municipality of Den Haag. The General Administrative Law Act (GALA), including Article 3:2 GALA (due care) and Chapter 14 GALA (Articles 8:86-8:92), provides for compensation. After annulment of an unlawful decision, you can file a claim. See also our article on limitation periods for claims against the government.
Conditions for Awarding Damages
For damages for unlawful act (Article 6:162 CC), four requirements must be met:
- Unlawful act: The conduct or omission is unlawful.
- Attributable: Attributable to the wrongdoer, such as an administrative authority in Den Haag.
- Damage: Proven, such as financial loss, non-pecuniary damage, or lost income.
- Causation: Direct link under the condition theory or adequate causation theory.
Limitation period: five years from discovery of the damage and wrongdoer (Article 3:310 CC). For government claims: see Limitation Periods for Claims Against the Government.
Practical Example: Unlawful Building Permit in Den Haag
The Municipality of Den Haag grants neighbors a building permit that infringes your neighboring rights. Construction activities cause nuisance and €20,000 in loss of property value. After annulment, you claim damages for unlawful act at the District Court Den Haag, provided causation is established.
Practical Example: Delay in Environmental Permit in Den Haag
A business owner in Den Haag waits too long for an environmental permit from the Municipality of Den Haag (insufficient reasoning). This results in €50,000 lost turnover. Claim lost profits under Article 6:162 CC by proving turnover would have been possible without the delay.
Rights and Obligations in a Claim
Your rights:
- Full compensation for proven damage (Articles 6:95-6:98 CC).
- Pain and suffering damages in case of personal injury.
- Case heard at District Court Den Haag (administrative or civil division).
Your obligations:
- Mitigate damage (Article 6:178 CC).
- Provide evidence (invoices, expert reports).
- File claim within the limitation period.
Government claims are subject to a €150 deductible (Article 8:91 GALA).
Comparison of Grounds for Compensation
| Basis | Legal Basis | Application to Den Haag Government | Example |
|---|---|---|---|
| Unlawful Act | Article 6:162 CC | Unlawful decision by Municipality of Den Haag | Illegal demolition in Den Haag neighborhood |
| Breach of Contract | Article 6:74 CC | Rare (no contract) | N/A |
| GALA Compensation | Article 8:86 GALA | Decision without legal effect | Delayed permit in Scheveningen |
Frequently Asked Questions
Can I claim damages for unlawful act against the Municipality of Den Haag?
Yes, for an unlawful decision or act causing damage. Start with a request to the authority (Article 8:88 GALA), followed by objection/appeal at the District Court Den Haag.
What if the limitation period expires?
After 5 years, the claim is time-barred (Article 3:310 CC), unless suspended (Article 3:316 CC). Details in Limitation Periods for Claims Against the Government.
Do I need a lawyer?
Not mandatory, but recommended for complex cases. Start at the Legal Aid Office Den Haag for free advice or contact Arslan Advocaten.
How do I prove damage?
With invoices, reports, or witnesses. The court requires 'more likely than not' probability.
Tips and Recommendations
Successfully claiming damages for unlawful act in Den Haag:
- Document thoroughly: Keep photos, logs, and correspondence.
- Act promptly: Request compensation from the Municipality of Den Haag within a reasonable time.
- Try mediation: Often faster and more affordable.
- Seek help: Call the Legal Aid Office Den Haag or Arslan Advocaten Legal Assistance for support.