Non-Pecuniary Damages from the Government in Den Haag
In Den Haag, you can claim non-pecuniary damages as compensation for immaterial harm caused by unlawful conduct of local or national governments, such as the Municipality of Den Haag, police or Custodial Institutions Agency. This covers pain, emotional distress or reputational damage, for example due to incorrect decisions or detention. Learn when residents of Den Haag can make such claims.
What are non-pecuniary damages from the government in Den Haag?
Within administrative law, non-pecuniary damages compensate for non-material injuries caused by government errors. Think of psychological trauma, privacy violations or loss of enjoyment of life. This article builds on our overview of compensation for non-pecuniary damage from the government, with a focus on cases in Den Haag.
The court, often the District Court of Den Haag, determines the amount based on the intensity of the harm, duration and context. Amounts typically range from €500 to €50,000.
Legal basis for non-pecuniary damages claims
Non-pecuniary damages are based on key provisions in Dutch law:
- General Administrative Law Act (Awb): Articles 8:88-8:93 Awb cover compensation for unlawful decisions by bodies such as the Municipality of Den Haag. Non-pecuniary damage qualifies if there is unlawfulness and a direct link.
- Civil Code (BW): Art. 6:162 BW (unlawful act), art. 6:95 BW (equitable compensation) and art. 6:174 BW for governments.
The Administrative Jurisdiction Division of the Council of State in Den Haag follows the Smartengeldgids and considers personal circumstances.
Conditions for receiving non-pecuniary damages in Den Haag
Residents of Den Haag must meet these requirements:
- Unlawful administrative action: Decision by the Municipality of Den Haag or police contrary to art. 3:2 Awb or fundamental rights.
- Non-pecuniary damage: Proven by medical reports or statements.
- Direct link: Harm resulting from the government failure.
- No fault on your part: Exception for force majeure.
Start with an objection or appeal at the District Court of Den Haag.
Examples of non-pecuniary damages in Den Haag practice
Example 1: Unlawful detention
After wrongful arrest by Den Haag police, a resident received €12,000 in non-pecuniary damages for two months' detention (Council of State, ECLI:NL:RVS:2021:456).
Example 2: Incorrect levy
Wrongfully levied by the Municipality of Den Haag, causing stress damage: €3,000 awarded (AbRS, ECLI:NL:RVS:2020:789).
Example 3: Error in youth care
Parents wrongly placed under supervision: €6,000 per person (District Court of Den Haag, 2023).
Rights and obligations in a Den Haag claim
Rights:
- Full coverage of proven non-pecuniary damage.
- Refund of court fees if successful (art. 8:75 Awb).
- Interim relief proceedings via the District Court of Den Haag.
Obligations:
- Document the damage (photos, diary, medical information).
- Meet deadlines: 6 weeks for objection/appeal.
- Report the claim to the government body, such as the Municipality of Den Haag.
Contact the Legal Aid Office Den Haag for free advice.
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 | District Court of Den Haag / AbRS | Civil court |
| Time limits | Strict 6 weeks | 5-year limitation period |
| Amounts | €1,000-€20,000 average | €2,000-€50,000+ |
| Proof | Sometimes reversal of burden of proof | On claimant |
Frequently asked questions about non-pecuniary damages in Den Haag
Do I need to go straight to the District Court of Den Haag?
No, first try a complaint or objection with the Municipality of Den Haag. If rejected, proceed to court.
How much non-pecuniary damages for detention in Den Haag?
Approx. €100-€200 per day, per Council of State guideline.
Non-pecuniary damages plus material damage possible?
Yes, via art. 6:95 BW if link proven.
Does a claim expire?
Yes, 5 years after becoming aware (art. 3:310 BW).
Tips for residents of Den Haag
- Document everything: photos, diary and doctor's statements.
- Contact the Legal Aid Office Den Haag for free assistance.
- File a complaint with the government promptly for faster resolution.