In some cases, you must involve the civil court to claim damages from the government. This applies, for example, in cases of significant damage or actions without a formal decision.
When do you choose the civil court?
You can approach the civil court in the following situations:
- Damage amount over € 25,000
- Damage caused by factual actions of the government (no official decision)
- Private law actions of the government
- If the administrative court has no jurisdiction
Steps in the procedure
- Write a liability letter to the government
- Serve a writ of summons on the government at the court
- Exchange procedural documents (pleadings)
- Attend the hearing
- Receive the judgment
Overview of costs
| Type of costs | Amount |
|---|---|
| Court fees | Varies per claim |
| Attorney costs | Often mandatory for high claims |
| Bailiff costs | For serving the writ of summons |
Importance of formal legal force
Take into account the rule of formal legal force:
- A decision against which no objection is possible anymore is considered lawful
- In that case, you can no longer claim damages via the civil court
- Therefore, always file an objection and appeal on time!
Frequently asked questions about civil procedures in Leiden
Is an attorney mandatory?
Not at the subdistrict court (claims up to € 25,000), usually yes at the district court.
What is the duration of a civil case?
Typically 1 to 2 years, depending on the case and the court.
Who bears the costs in case of victory?
The losing party is often ordered to pay the procedural costs, but this does not always cover everything.
Local information for Leiden
For civil procedures against the government in Leiden, you can go to:
- Court: District Court of The Hague, Leiden Location
- Legal aid: Juridisch Loket Leiden, Stationsweg 46