At the administrative court in Leiden, you can claim compensation for damage under certain conditions. This can be in combination with an appeal or via a separate procedure.
Compensation for Damage via the Administrative Court in Leiden
With the introduction of the Wet nadeelcompensatie en schadevergoeding bij onrechtmatige besluiten (Act on Disadvantage Compensation and Compensation for Damage due to Unlawful Decisions), it is possible to submit claims to the administrative court in Leiden for:
- Damage resulting from an unlawful decision
- Damage caused by other unlawful acts within a public law task
Options for Compensation for Damage
| Procedure | Moment | Maximum Amount |
|---|---|---|
| Request during appeal | Simultaneously with appeal against decision | € 25,000 |
| Independent request | After the decision becomes final | € 25,000 |
| Civil procedure | For higher damage or other situations | No limit |
Conditions for Compensation for Damage
To qualify for compensation for damage in Leiden, you must prove:
- That the decision is unlawful (annulled by the court)
- That actual damage has been suffered
- That there is a direct causal link between the decision and the damage
Types of Damage
- Financial damage: loss of income, asset damage
- Non-financial damage: emotional impact, reputational damage
- Costs: legal costs, expert costs
Frequently Asked Questions about Compensation for Damage in Leiden
Is compensation for damage possible without annulment of the decision?
No, in most cases the decision must first be deemed unlawful (annulled or withdrawn).
What if my damage exceeds € 25,000?
In that case, you can bring a case to the civil court for the amount exceeding € 25,000.
How do I prove my damage?
By means of receipts, bank statements, expert reports, and other relevant documents.
Practical Information for Leiden
For cases concerning compensation for damage in administrative law, you can go to the District Court of The Hague, Leiden location. For legal advice, you can contact the Juridisch Loket Leiden, located at Stationsweg 46.
Frequently Asked Questions (extended)
When can I apply for compensation for damage at the administrative court in Leiden?
You can submit a claim if an administrative authority has taken an unlawful decision that disadvantages you. This decision must have been annulled by the court. This can be simultaneously with an appeal or in a later, separate procedure.
What distinguishes material from immaterial damage?
Material damage includes financial losses such as lost income, while immaterial damage concerns non-financial consequences such as emotional stress or loss of reputation.
How long does a compensation procedure take?
The duration varies depending on the case and the workload at the court, but on average it takes several months to a year. Urgent cases can be handled faster.
Can I also claim legal costs?
Yes, lawyer's fees and other procedural costs can be claimed, provided they are properly documented with invoices and proof of payment.
What if the government does not pay?
If refused, you can engage a bailiff to enforce payment via attachment or government bank accounts.
Is a lawyer necessary?
Although not mandatory, it is advisable to engage a lawyer, especially in complex cases or high damage amounts, for a stronger case and better guidance.
Can I claim damage that arose before the annulment?
Yes, provided the damage directly results from the unlawful decision and is well documented, you can claim it from the moment the decision took effect.