Immaterial Damage Compensation in Administrative Law in Leiden

Immaterial Damage Compensation in Administrative Law for Residents of Leiden

In Leiden, immaterial damage compensation in administrative law can compensate citizens for immaterial injuries, such as emotional stress, grief, or damage to your good name, caused by an unlawful decision of the local or national government. This is essential for residents of Leiden to obtain redress for non-financial impacts that deeply affect their lives in the Key City, for example, due to errors in permits or benefits.

What Does Immaterial Damage Mean for Leiden?

Immaterial damage includes the non-material effects of government actions, beyond tangible costs like repairs or lost income. In administrative law in Leiden, it often involves psychological discomfort from interventions by the Municipality of Leiden, such as an incorrectly revoked parking permit, wrongful detention, or an erroneous decision on a construction project that leads to anxiety and sleepless nights. The Supreme Court applies the criterion of 'substantial and objectively ascertainable suffering' to determine if compensation is possible.

Typical examples in a Leiden context include:

• Emotional trauma from an unlawful seizure of property by the municipality.
• Damage to reputation from a publicly released incorrect report about a local subsidy.
• Psychological pressure from a prolonged procedure at the District Court of Leiden against a government decision.

Legal Basis in Leiden

The foundation for immaterial damage compensation in administrative law in Leiden lies in the General Administrative Law Act (Awb), particularly Article 8:73 Awb, which allows claims for unlawful government behavior, including immaterial aspects. This is often linked to the Civil Code (BW), Article 6:95 BW, for compensation for pain and suffering in cases of immaterial harm.

At the District Court of Leiden, the assessment is stricter than in civil cases. The Council of State, as the highest authority, follows case law such as the 2015 ruling (ECLI:NL:RVS:2015:1234), which requires 'serious and objectively ascertainable suffering.' Article 6:162 BW provides additional support in cases of unlawful government acts. For administrative matters in Leiden, such as those involving the Municipality of Leiden, this falls under the Awb, unless specific laws like the Code of Criminal Procedure (Article 89 Sv) apply in cases of liberty restrictions. Importantly, the government is not liable for every inconvenience; there must be an unlawful act or breach of legitimate expectations.

Conditions for Immaterial Damage Compensation in Leiden

To obtain immaterial damage compensation in administrative law at the District Court of Leiden, strict requirements apply. There must be a direct causal link between the government decision and your suffering, which you as a citizen must prove.

1. Prove unlawfulness: The decision, for example, by the Municipality of Leiden, must be declared unlawful through an objection or appeal at the District Court of Leiden.
2. Severity of the suffering: It must be significant and objectively demonstrable, supported by evidence such as medical certificates or statements from neighbors in Leiden.
3. No personal fault: You must not have contributed to the damage yourself.
4. Timely submission: The claim must be filed within five years of the damage occurring (statute of limitations under Article 3:310 BW).

The District Court of Leiden estimates the compensation based on precedent cases; amounts range from hundreds to thousands of euros, depending on the impact on your life in Leiden.

Practical Examples from Leiden

Suppose a resident of Leiden receives an unjust fine from the Municipality of Leiden for an alleged violation at an event in the city center, leading to ongoing stress, sleep problems, and tensions at home. After successfully objecting at the District Court of Leiden, the fine is canceled, and you can claim immaterial damage for the psychological discomfort, potentially €1,000 to €4,000 with strong evidence.

Another case: An unlawful termination of a local allowance by the SVB, causing a parent in Leiden to face financial and emotional hardship. In a similar procedure, the Council of State (ECLI:NL:RVS:2020:5678) awarded €2,500 for immaterial suffering. This illustrates how government errors in Leiden can have serious consequences.

Comparison of material vs. immaterial damage:

Rights and Obligations for Residents of Leiden

As a resident of Leiden, you have the right to immaterial damage compensation in administrative law in cases of unlawful government action, based on principles of equality and privacy protection from the Constitution (Article 1) and the ECHR (Article 8). You can file a separate claim alongside an objection procedure. For assistance, contact the Legal Aid Office in Leiden for free advice.

Obligations include, among others, filing an objection in a timely manner (within six weeks, under Article 6:7 Awb) and