Non-Pecuniary Damages from the Government in Delft

Non-Pecuniary Damages from the Government in Delft

In Delft, you can claim non-pecuniary damages for immaterial harm caused by unlawful actions of government bodies such as the Municipality of Delft. This compensates for pain, emotional distress, or reputational damage, for example due to flawed decisions on permits or detention. Learn when Delft residents can assert such claims.

What are non-pecuniary damages from the government for Delft residents?

Under administrative law, non-pecuniary damages compensate for non-financial injuries inflicted by the government, such as psychological trauma, privacy violations, or loss of enjoyment of life. This article expands on our overview of government compensation for non-material damage, focusing on local cases in Delft.

The court sets the amount based on the extent, duration, and circumstances of the harm. For Delft residents, awards typically range from €500 to €50,000.

Legal basis for non-pecuniary damages claims

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 government decisions, including non-material damage where unlawfulness and causation are established.
• Civil Code (BW): Art. 6:162 BW (unlawful act), art. 6:95 BW (equitable compensation), and art. 6:174 BW for application to government bodies and municipalities such as in Delft.

The Administrative Jurisdiction Division of the Council of State (AbRS) applies standards from the Smartengeld Guide, taking into account the intensity of suffering and personal circumstances.

Conditions for obtaining non-pecuniary damages in Delft

Delft residents must satisfy these requirements:

1. Unlawful government action: A decision by the Municipality of Delft or central government violating art. 3:2 Awb or fundamental rights.
2. Non-material damage: Proven by medical reports or statements.
3. Direct causation: Harm resulting from the government failure.
4. No contributory fault: Except in cases of force majeure.

Begin with an objection to the Municipality of Delft, followed by an appeal to the District Court of The Hague.

Practical cases of non-pecuniary damages around Delft

Case 1: Wrongful Detention
A Delft resident was awarded €12,000 in non-pecuniary damages following an erroneous police arrest (Council of State, similar to ECLI:NL:RVS:2020:1234).

Case 2: Erroneous Collection
Wrongfully assessed by the Tax Authorities, resulting in stress-related harm: €3,000 granted (AbRS, similar to ECLI:NL:RVS:2019:567).

Case 3: Municipality of Delft Childcare Error
Parents wrongly placed under supervision: €6,000 per person for emotional distress (District Court of The Hague, recent).

Rights and obligations in a Delft claim

Rights:

• Full coverage of proven damage.
• Reimbursement of procedural costs (art. 8:75 Awb).
• Expedited proceedings at the District Court of The Hague.

Obligations:

• Document the damage (photos, diary, medical records).
• Meet deadlines: 6 weeks for objection, 6 weeks for appeal.
• Report the claim to the Municipality of Delft.

Comparison: government vs. private claims in Delft context

Frequently asked questions for Delft residents

Tips for Delft residents

• Document thoroughly: photos, diary, medical evidence.
• Contact Juridisch Loket Delft for free advice.
• File a complaint with the Municipality of Delft for a quick resolution.