If you win an objection or appeal in administrative law, you can apply for reimbursement of court costs. This reimbursement is often a fixed amount.
When do you receive court costs reimbursement?
Court costs reimbursement is possible under the following conditions:
- Your objection or appeal is (partly) upheld
- The decision is withdrawn due to an error by the administrative authority
- You have explicitly requested reimbursement
Which costs are reimbursed?
| Type of costs | Reimbursement |
|---|---|
| Legal assistance | Based on points system |
| Expert reports | Maximum the actual costs |
| Witness fees | Fixed fee per witness |
| Travel costs | Reimbursement for public transport or per kilometer |
| Loss of earnings | Compensation for income loss |
Points system for legal assistance
The reimbursement for legal assistance is determined based on the Decree on Court Costs in Administrative Law:
- Filing objection notice/appeal notice: 1 point
- Participation in hearing/session: 1 point
- Value per point: €875 (appeal) or €597 (objection)
- Weighting factor: varies from 0.25 to 2, depending on case complexity
How do you apply for reimbursement?
You must apply for court costs reimbursement yourself:
- For objection: before the decision on your objection
- For appeal: during the session or in the appeal notice
Frequently asked questions about court costs reimbursement
Are my full lawyer costs reimbursed?
No, you often receive a standard reimbursement that covers only part of the actual costs.
What if I did not engage a lawyer?
Then you do not receive reimbursement for legal assistance, but you do for other costs such as travel costs or loss of earnings.
Do I have to pay costs if I lose?
No, in administrative law, as a citizen you are not required to pay court costs if you lose.
Extra questions and answers
How is the reimbursement for legal assistance calculated?
The calculation is done via a points system. An objection or appeal notice yields 1 point, a session also 1 point. A point is worth €875 for an appeal and €597 for an objection, multiplied by a factor between 0.25 and 2. Example: 2 points with factor 1.5 for an appeal yields 2 × €875 × 1.5 = €2,625.
Can I get costs reimbursed that I incurred before the objection?
No, only costs incurred during the objection or appeal procedure qualify. Pre-procedure advice costs are excluded, but expert costs during the procedure may qualify.
What if my reimbursement request is refused?
If refused, you can appeal to the administrative court. File an appeal notice within 6 weeks with an explanation of your objection and supporting documents such as invoices.
Do I always receive reimbursement if I win?
Not automatically. You must request the reimbursement and your case must be (partly) upheld. The court may limit the reimbursement for unreasonable costs or if the decision was not entirely wrong.
How do I apply for travel costs and loss of earnings?
Mention these separately in your request. Travel costs are reimbursed based on public transport or a kilometer allowance (€0.19/km). For loss of earnings, you must prove income loss, for example with an employer's statement.
What if I am late with my request?
A late request may be rejected. For objection, request before the decision; for appeal, during the session or in your appeal notice.
Can I get more reimbursement for a complex case?
Yes, for a complex case the weighting factor can be increased up to 2. You must substantiate this, for example by showing that the case was legally complex or that the administrative authority made gross errors.
Relevant locations in Leiden:
- District Court of The Hague, Leiden Location
- Legal Aid Office Leiden, Stationsweg 46