Unlawful Act Compensation Rotterdam
Unlawful act compensation helps Rotterdam residents recover damages caused by unlawful actions, such as those by the Municipality of Rotterdam. In general administrative law, this is crucial for damages resulting from government decisions. Learn how to file a claim with the District Court of Rotterdam and meet the requirements.
Legal Basis for Unlawful Act Compensation
The foundation is Article 6:162 of the Civil Code (CC), which requires compensation for an unlawful act. An act is unlawful if it:
- Violates a subjective legal duty, such as duty of care;
- Breaches an objective legal norm, for example a prohibition;
- Is unlawful by standards of reasonableness, such as reckless conduct in the Port of Rotterdam.
In administrative law in Rotterdam, this applies to unlawful decisions by the Municipality of Rotterdam. The General Administrative Law Act (GALA), including Article 3:2 GALA (due care) and Chapter 14 GALA (Articles 8:86-8:92), governs compensation. After annulment of a decision, you can file a claim. See also our article on limitation periods for claims against the government.
Requirements for Award in Rotterdam
For unlawful act compensation (Art. 6:162 CC), four requirements must be met:
- Unlawful act: The conduct or omission is unlawful.
- Attributability: Attributable to the administrative authority, such as the Municipality of Rotterdam.
- Damage: Proven, such as financial loss, non-pecuniary damage, or lost profits.
- Causation: Direct connection (condition theory or adequate causation theory).
Statute of limitations: five years from discovery (Art. 3:310 CC). For government claims: see Limitation Periods for Claims Against the Government.
Example Rotterdam: Unlawful Building Permit
The Municipality of Rotterdam issues a permit for construction in Delfshaven, but it violates your neighbor's rights. Construction nuisance causes €20,000 in property value loss. After annulment, claim compensation from the District Court of Rotterdam if causation is established.
Example Rotterdam: Delay in Environmental Permit
A Rotterdam entrepreneur awaits a port permit that proves unlawful (insufficient reasoning). Lost revenue: €50,000. Claim lost profits under Art. 6:162 CC with evidence of feasible alternative.
Rights and Obligations in Claims in Rotterdam
Rights:
- Full compensation for proven damage (Arts. 6:95-6:98 CC).
- Pain and suffering damages in case of injury.
- Proceedings before the administrative court or District Court of Rotterdam (DC).
Obligations:
- Mitigate damage (Art. 6:178 CC).
- Provide evidence (invoices, valuations).
- File claim within limitation period.
Government deductible: €150 (Art. 8:91 GALA).
Comparison of Legal Bases in Rotterdam
| Legal Basis | Statutory Provision | Government Application | Rotterdam Example |
|---|---|---|---|
| Unlawful Act | Art. 6:162 CC | EU-law unlawful decision | Demolition order Maasvlakte |
| Breach of Contract | Art. 6:74 CC | Rarely (no contract) | - |
| GALA Compensation | Art. 8:86 GALA | Decision without legal effect | Delayed port permit |
Frequently Asked Questions Rotterdam
Can I claim against the Municipality of Rotterdam?
Yes, for an unlawful decision. Start with a request to the municipality (Art. 8:88 GALA), followed by objection/appeal to the District Court of Rotterdam. Consult the Rotterdam Legal Aid Office for free advice.
Statute of limitations expired?
After 5 years (Art. 3:310 CC), exception for hindrance (Art. 3:316 CC). Details in Limitation Periods for Claims Against the Government.
Do I need a lawyer?
Not always, but recommended for complex cases. Arslan Advocaten offers a free initial consultation.
How do I prove damage?
Invoices, reports, witnesses. The court assesses on the balance of probabilities.
Tips for Rotterdam Residents
Successful claims:
- Document: Photos, logs, emails regarding Rotterdam matters.
- Act promptly: Submit request to the Municipality of Rotterdam quickly.
- Try mediation: An efficient alternative.
- Seek assistance: Contact the Rotterdam Legal Aid Office or Arslan Advocaten for specialist advice.