Compensation for Unlawful Decision in Rotterdam
In Rotterdam, residents can claim financial compensation through administrative law if a government decision, such as one from the Municipality of Rotterdam, causes damage due to unlawfulness. This remedy restores citizens to their position as if the decision had been correct. Unlawfulness occurs when laws are violated, such as unauthorized decisions or breaches of good governance principles. The General Administrative Law Act (Awb) governs this and protects Rotterdam residents from errors by local or national authorities, with specific applications at the Rotterdam District Court.
Legal Basis
Article 8:88 of the Awb forms the core of compensation for unlawful decisions in Dutch administrative law. The administrative body, such as the Municipality of Rotterdam, is liable for damage directly resulting from an unlawful decision to an interested party. This liability is absolute: fault does not need to be proven, only the unlawfulness and its consequences. Article 6:162 of the Awb addresses damage during the preparation phase, but Article 8:88 is central. For more insight, see compensation in administrative law. Case law from the Council of State, relevant to cases at the Rotterdam District Court, emphasizes causal links, such as in local disputes over permits.
What is an Unlawful Decision?
An unlawful decision by an administrative body fails to meet legal standards. In Rotterdam, this can apply to decisions from the Municipality of Rotterdam or other agencies, for example if it:
- Is made by an unauthorized department.
- Contradicts higher laws or treaties.
- Violates principles of good governance, such as reasoning (Article 3:46 Awb) or due care (Article 3:2 Awb).
- Is inadequately prepared, without consulting affected Rotterdam residents.
It is only considered unlawful after annulment through objection or appeal at the Rotterdam District Court. Typical examples in Rotterdam include an unjustified building permit in the harbor district that harms neighbors, or an incorrect denial of a parking permit that affects businesses.
Types of Compensable Damage
Compensable damage in Rotterdam includes financial losses and non-financial harm. Financial damage involves tangible losses, while non-financial damage, such as emotional impact, falls under Article 6:106 of the Civil Code (BW) alongside the Awb, though proving it can be challenging.
| Type of Damage | Description | Example in Rotterdam |
|---|---|---|
| Financial Damage | Direct financial losses caused by the decision | An unlawful fine from the Municipality of Rotterdam causes cash flow issues for a business owner in Kralingen |
| Non-Financial Damage | Non-financial disadvantages, partially compensable | Delayed procedures due to an erroneous decision lead to stress for a Rotterdam resident |
| Future Damage | Reasonably anticipated future costs | An unlawful permit denial in the city delays a project, resulting in measurable additional expenses |
Crucial is a direct causal link to the decision; indirect effects, such as economic fluctuations in the Rotterdam harbor, are usually not covered.
Practical Examples
Suppose the Municipality of Rotterdam approves a construction project in the Feijenoord neighborhood without an environmental assessment, making it unlawful. The construction causes disruption, and your home loses €50,000 in value. Under Article 8:88 of the Awb, you can claim compensation at the Rotterdam District Court for the loss in value and possible relocation costs.
Or: The Employee Insurance Agency (UWV) wrongly terminates your benefits in Rotterdam without consultation. You accumulate debts due to unemployment. After a successful appeal, you can claim lost income and related costs. In 2022, the Council of State awarded €20,000 in a similar Rotterdam case involving an income error.
Rights and Obligations of Rotterdam Residents
As a resident of Rotterdam, you have the right to:
- Full Compensation: Restoration including interest (Article 6:119 BW).
- Access to the Courts: Claims at the Rotterdam District Court, often alongside objections or appeals.
- Low Barriers: No court fees for the main claim, though fees apply for separate procedures.
Your obligations include:
- Reporting damage within a reasonable period after the decision.
- Providing evidence, such as receipts or local appraisals.
- Mitigating damage (mitigation, Article 6:96 BW).
The administrative body must review your claim within 8 weeks; if denied, you can appeal to the Rotterdam District Court. The Rotterdam Legal Aid Office offers free advice for beginners.
The Procedure for Compensation
The steps in Rotterdam:
- Objection or Appeal: Challenge the decision at the administrative court (Awb, Chapter 8), often via the Rotterdam District Court.
- Submit Damage Claim: Simultaneously or later to the body (Article
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