If the government in Leiden acts unlawfully and you thereby suffer damage, you can claim compensation. This principle is known as the unlawful government act.
What constitutes an unlawful government act?
An unlawful government act concerns a government action that:
- Contravenes a statutory obligation
- Violates a right
- Does not meet the societal standards of care
Practical examples
| Scenario | Example |
|---|---|
| Unjust decision | A permit in Leiden unjustly refused |
| Physical action | Damage due to road maintenance works |
| Negligence | Failure to act when required |
| Incorrect information | Incorrect advice by a civil servant in Leiden |
Conditions for compensation
To obtain compensation, you must prove:
- That the government has acted unlawfully
- That the act can be attributed to the government (fault or risk)
- That you have suffered damage
- That there is a direct link between the act and the damage
- That the violated rule was intended to protect your interests
Legal steps
A damage claim due to an unlawful government act in Leiden can be filed via:
- The administrative court (for example, in case of an invalid decision)
- The civil court (for other situations)
For legal assistance, you can contact the Juridisch Loket Leiden at Stationsweg 46, or file cases at the Rechtbank Den Haag, Leiden location.
Frequently asked questions about unlawful government acts
Is annulment of a decision necessary?
Yes, in the case of an unlawful decision, it must usually first be annulled by a court before you can claim compensation.
What damage can I claim?
You can claim both material and, in certain cases, immaterial damage, depending on the nature and extent of the damage suffered.
What is the time limit for filing a claim?
The limitation period is 5 years from the moment you become aware of the damage and the responsible party.
Additional questions about unlawful acts in Leiden
When is a government action considered unlawful?
A government action is unlawful if it disregards a statutory duty, infringes a right or is not carried out with sufficient care. This includes an unjustly refused permit, damage due to poorly executed work, failure to act when necessary, or misleading information from a civil servant in Leiden. It is crucial that the action harms your interest and that damage has occurred.
Can I file a claim without direct damage?
No, for a successful claim you must prove that you have suffered damage due to the unlawful action of the government. This can be financial loss or emotional damage, but without demonstrable damage there is no basis for compensation, even if the government was at fault.
Must I first file an objection before starting a lawsuit?
In the case of an unjust decision, such as a refused permit, you often must first file an objection or appeal with the administrative court. For other matters, such as damage due to negligence, you can go directly to the civil court. Legal advice, for example via the Juridisch Loket Leiden, helps you choose the right route.