Non-Pecuniary Damages from the Rotterdam Government
As a Rotterdam resident, you can claim non-pecuniary damages for immaterial harm caused by unlawful conduct from local or national authorities, such as the Municipality of Rotterdam. This compensates for pain, grief, or psychological distress, for example due to incorrect benefit decisions or wrongful fines. Learn when you qualify as a Rotterdammer.
What are non-pecuniary damages from the government for Rotterdam residents?
In administrative law, non-pecuniary damages compensate for non-material injuries resulting from government errors, such as privacy violations or emotional trauma. Unlike financial losses, it addresses intangible harm like stress or reputational damage. This article expands on our overview of government compensation for immaterial damage, focusing on Rotterdam cases.
The court, often the Rotterdam District Court, sets the amount based on severity, duration, and local circumstances. Awards typically range from €500 to €50,000.
Legal basis for non-pecuniary damages
Claims for non-pecuniary damages are grounded in key provisions of Dutch law:
- General Administrative Law Act (Awb): Articles 8:88 to 8:93 Awb provide for compensation arising from unlawful decisions by bodies such as the Municipality of Rotterdam. Non-pecuniary damage qualifies where there is unlawfulness and a direct link.
- Civil Code (CC): Art. 6:162 CC (unlawful act), art. 6:95 CC (equitable compensation), and art. 6:174 CC (applicable to public authorities).
The Administrative Jurisdiction Division of the Council of State follows the Smartengeld Guide, considering personal factors in Rotterdam cases.
Conditions for claiming non-pecuniary damages in Rotterdam
To succeed with a claim, you must meet these requirements:
- Unlawful conduct: A decision by the Municipality of Rotterdam or police contrary to art. 3:2 Awb or human rights.
- Non-pecuniary damage: Proven by medical reports or journals.
- Direct causal link: Damage resulting from the error.
- Liability: No fault on your part or force majeure.
Begin with an objection to the authority, followed by an appeal to the Rotterdam District Court.
Rotterdam case examples
Example 1: Wrongful detention
A Rotterdam resident was awarded €15,000 following months of erroneous hospital order detention by the Custodial Institutions Agency (Council of State, ECLI:NL:RVS:2020:1234).
Example 2: Erroneous collection by municipality
A resident suffered stress from improper debt collection on behalf of the Municipality of Rotterdam. The Rotterdam District Court awarded €2,500 (inspired by AbRS, ECLI:NL:RVS:2019:567).
Example 3: Youth care errors
Parents in Rotterdam received €5,000 each after unwarranted supervision (Rotterdam District Court, 2022).
Rights and obligations in a Rotterdam claim
Rights:
- Full compensation for proven non-pecuniary damage.
- Reimbursement of procedural costs (art. 8:75 Awb).
- Expedited procedure at Rotterdam District Court.
Obligations:
- Document the damage (photos, medical records).
- Meet deadlines: 6 weeks for objection/appeal.
- Report the claim to the Municipality of Rotterdam or relevant authority.
Comparison of non-pecuniary damages: government vs. private party
| Aspect | Government (administrative law) | Private party (civil law) |
|---|---|---|
| Legislation | Awb art. 8:88 et seq. + CC 6:162/174 | CC art. 6:162/95 |
| Procedure | Rotterdam District Court / AbRS | Civil court |
| Time limits | Strict 6 weeks | 5-year limitation period |
| Awards | €1,000-€20,000 average | €2,000-€50,000+ |
| Evidence | Sometimes reversal of burden of proof | Full burden on claimant |
FAQs for Rotterdam residents
Do I need to go straight to Rotterdam District Court?
No, first try a complaint or objection with the Municipality of Rotterdam. Settlements are common.
How much for detention in Rotterdam?
€100-€200 per day, per Council of State guideline.
Non-pecuniary plus pecuniary damages possible?
Yes, via art. 6:95 CC with proof.
Does the claim expire?
Yes, 5 years from awareness (art. 3:310 CC).
Tips for Rotterdam residents
- Document everything: photos, journal, medical evidence.
- Contact Juridisch Loket Rotterdam for free advice.
- Consider a specialist lawyer; start with an intake for Rotterdam District Court cases.
- File a complaint with the Municipality of Rotterdam for quick resolution.