Attribution of Governmental Tort in Den Haag
In Den Haag, attribution of governmental tort plays a key role in claims against the Municipality of Den Haag, the State, or other local authorities. It concerns whether an unlawful act by a civil servant or government body can be attributed to the government itself, enabling compensation for damages.
Legal Basis
The rules on attribution of governmental tort are found in civil liability law, particularly Article 6:162 of the Dutch Civil Code (BW), which defines unlawful acts and mandates compensation for damages. For public bodies such as the Municipality of Den Haag, Article 6:163 BW applies to internal attribution, but Supreme Court case law is decisive. Key judgments:
- Katwijk judgment (Supreme Court 27 November 1992, NJ 1993/293): Attribution applies if the act falls within the civil servant's 'scope of duties and authority'.
- Bleker judgment (Supreme Court 26 June 2009, NJ 2010/157): Apparent authority may also factor in.
In administrative matters, Article 3:4 of the General Administrative Law Act (Awb) refers to qualification as a governmental tort, but damage claims proceed under the BW at the District Court of Den Haag.
Conditions for Attribution
Acts are attributable to the government in Den Haag if they meet three criteria:
- Task-related: The civil servant is performing their public function, including closely related activities.
- Organizational link: There is a hierarchical relationship with the Municipality of Den Haag or the State; independent contractors generally not.
- No private nature: The action is part of performing official duties.
The Supreme Court interprets this broadly: even acts beyond authority can be attributed if within the 'sphere of service'.
Exceptions to Attribution
Not all civil servant errors affect the Municipality of Den Haag. Exceptions include:
- Genuine private acts: Such as issuing a parking ticket during work hours for personal reasons.
- Investigation in good faith: Limited by Article 6:175 BW.
- External deviation: Violence motivated by private reasons, far outside duties.
Comparison: Attributable vs. Not
| Situation | Attributable? | Reason |
|---|---|---|
| Civil servant of Municipality of Den Haag wrongfully refuses building permit | Yes | Performance of duties |
| Police officer uses excessive force during arrest in Den Haag | Yes | Sphere of service |
| Civil servant causes accident with private vehicle on way to work | No | Private accident |
| Inspector leaks data for personal gain | No | Excessive deviation |
Practical Examples from Den Haag
A resident of Den Haag submits an environmental permit application to the Municipality of Den Haag. The civil servant loses the documents and rejects it 'due to incompleteness'. Damage arises from the delay: attributable, with the Municipality of Den Haag liable under Article 6:162 BW at the District Court of Den Haag.
Or: during a house search in the Schilderswijk, police unnecessarily damage furniture. Usually attributable; file a claim with the police or the State.
Counter-example: a waste collector from the Municipality of Den Haag steals a bicycle during a collection round. Possibly not attributable if purely for private gain, but often yes due to the service context.
Rights and Obligations
Citizen Rights in Den Haag:
- File a claim via summons at the District Court of Den Haag or through administrative proceedings.
- Prove causality.
- Limitation period: 5 years (Article 3:310 BW).
Government Duties:
- Internal recourse against the civil servant in cases of gross negligence.
- Thorough and transparent investigation.
Read our article on unlawful governmental acts for more.
Frequently Asked Questions
Does a self-employed advisor to the Municipality of Den Haag count?
No, without an authority relationship (Supreme Court 13 July 2018, ECLI:NL:HR:2018:1270).
Municipality of Den Haag rejects claim with 'no attribution'?
Yes, but the District Court of Den Haag reviews critically; burden of proof on the government.
Does this apply to the Municipality of Den Haag, province, and water boards?
Yes, uniformly for all public bodies (Article 1:1 Awb).
What if the civil servant denies it?
Attribution is based on facts, not intent.
Tips for Claims in Den Haag
Successfully litigate attribution of governmental tort:
- Document everything: dates, names, witnesses.
- Report in writing to the Municipality of Den Haag (objection or letter).
- Seek advice from the Legal Aid Office Den Haag for free assistance.
- Consider mediation via the District Court of Den Haag.