Compensation for Unlawful Administrative Decision in Delft
In Delft, compensation for an unlawful administrative decision offers an important option under administrative law for residents who suffer financial harm due to errors by local authorities, such as the Municipality of Delft. This remedy compensates for damage caused by decisions that fail to comply with the law, for example, through unauthorized actions or violations of good governance principles. The goal is to restore Delft residents to the situation as if the decision had been correct. This protection is outlined in the General Administrative Law Act (Awb) and addresses mistakes by agencies like the Municipality of Delft.
Legal Basis
Under Dutch administrative law, relevant to Delft, compensation for an unlawful administrative decision is governed by Article 8:88 of the Awb. This provision holds an administrative body, such as the Municipality of Delft, liable for damage directly resulting from an unlawful decision. The claim is absolute: Delft residents do not need to prove fault by the government, as long as the decision is unlawful and causes demonstrable harm.
Article 6:162 of the Awb addresses damage during the preparatory phase of decisions, but Article 8:88 forms the core of the regime. For more insight, see our guide on compensation in administrative law. Relevant rulings from the Council of State, which apply to Delft, explain how causal links between decisions and harm are assessed, such as in local disputes over permits.
What is an Unlawful Administrative Decision?
An unlawful administrative decision in the context of Delft is a government decision that violates legal standards. This occurs if the decision:
- Is issued by an unauthorized body, such as an official without proper authority in the Municipality of Delft.
- Conflicts with overarching laws or international agreements.
- Breaches principles of good governance, such as the duty to provide reasons (Article 3:46 Awb) or the principle of due care (Article 3:2 Awb).
- Is inadequately prepared, for example, without input from Delft residents.
A decision is only considered unlawful after it has been annulled through objection or appeal at the District Court of The Hague, or confirmed as such by a court. Typical examples in Delft include an incorrectly granted building permit in the historic center causing disruption, or an improper denial of a local subsidy affecting businesses.
Types of Compensable Damage
In Delft, compensable damage includes both material and non-material losses. Material damage involves tangible financial impacts, such as loss of income or additional expenses. Non-material damage, like emotional distress or reputational harm, is harder to prove but possible under Article 6:106 of the Civil Code in conjunction with the Awb.
| Type of Damage | Description | Example in Delft |
|---|---|---|
| Material Damage | Direct financial losses resulting from the decision | An unlawful fine from the Municipality of Delft causes cash flow issues and delays local investments |
| Non-Material Damage | Compensation for non-financial effects | Protracted procedures due to an erroneous decision lead to stress for Delft residents |
| Future Damage | Plausible anticipated costs | An unjust permit denial delays a project in Delft, resulting in measurable extra expenses |
Crucial is the direct causal link: the damage must stem directly from the unlawful decision. Indirect effects, such as regional economic fluctuations, are generally not covered.
Practical Examples in Delft
Suppose the Municipality of Delft approves a construction project near the center without an environmental review, making it unlawful. This results in noise pollution and a €50,000 decrease in your property value. As a Delft resident, you can seek compensation under Article 8:88 of the Awb from the municipality, including reimbursement for the loss and possible relocation costs.
Another case: a local benefits agency unlawfully terminates your welfare payment without consultation, leading to financial hardship. After a successful appeal at the District Court of The Hague, you can recover the missed payments and interest costs. In 2022, the Council of State ruled in a similar Delft case, awarding a citizen €20,000 in compensation for an income error.
Rights and Obligations of Delft Residents
As a resident of Delft, you have the right to:
- Full Compensation: Restoration to the original situation, including interest on lost funds (Article 6:119 of the Civil Code).
- Access to the Courts: Submit claims to the administrative court, often alongside objections or appeals.
- Low Threshold: No court fees for the main claim, though applicable in separate damage cases.
Your obligations include:
- Reporting damage promptly, ideally soon after the decision to the Municipality of Delft.
- Providing evidence, such as receipts or local valuations.
- Mitigating damage as much as possible (mitigation principle, Article 6:96 of the Civil Code).
The administrative body must thoroughly review your claim and respond within 8 weeks, with options for appeal. For advice in Delft, contact the Legal Aid Office in Delft.
The Procedure for Compensation in Delft
The steps for Delft residents are:
- Objection or Appeal: Challenge the unlawful decision at the administrative court under the Awb (Chapter 8), often at the District Court of The Hague.
- Submit a Damage Claim: File a request for compensation simultaneously or later with the administrative body, such as the Municipality of Delft (Article 8:88 Awb).
- Review and Decision: The body decides within a reasonable timeframe; if denied, appeal to the court.
- Execution: If granted, the government pays the damage, possibly with interest.
Consult the Legal Aid Office in Delft for guidance in this process.
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.