Attribution of Government Tort in Delft

Attribution of Government Tort in Delft

In Delft, attribution of government tort plays a key role in claims against the local government, such as the Municipality of Delft. It concerns whether an erroneous action by a civil servant or body can be attributed to the municipality or the State. This determines whether Delft residents can recover damages from the Municipality of Delft or the State for unlawful government tort.

Legal Basis

The rules on attribution of government tort are set out in civil law, particularly Article 6:162 BW, which governs unlawful acts and requires compensation for damages. For public authorities such as the Municipality of Delft, Article 6:163 BW applies to internal attribution, but Supreme Court case law is authoritative. Relevant cases include:

• Katwijk ruling (HR 27 November 1992, NJ 1993/293): Attribution applies if the act falls within the civil servant's 'task and authority'.
• Bleker ruling (HR 26 June 2009, NJ 2010/157): Appearance of authority can be decisive.

Under the Awb (art. 3:4) in administrative matters, the District Court of The Hague assesses whether an act constitutes government tort, but damage claims fall under the BW.

Conditions for Attribution

Attribution to the Municipality of Delft requires all three criteria to be met:

1. Task-related: The civil servant must be acting in their official capacity, including closely related actions.
2. Organisational link: There must be a clear connection to the municipality; external freelancers are usually excluded.
3. No private initiative: The action must not serve purely personal purposes.

The Supreme Court interprets this broadly: even breaches of authority count if they fall within the 'scope of duty'.

Exceptions

Not all civil servant errors render the Municipality of Delft liable. Exceptions include:

• Purely private actions: Such as a civil servant receiving a private fine at work.
• Law enforcement in good faith: Limited by art. 6:175 BW.
• External deviance: E.g., violence stemming from personal anger outside duties.

Attributable vs. Non-Attributable Comparison

Practical Examples from Delft

A Delft company applies to the Municipality of Delft for an environmental permit for renovations along the Nieuwe Delft. The civil servant loses the documents and rejects the application. Delay causes damage: attributable and claimable via the District Court of The Hague under art. 6:162 BW.

Or: During a check in the city centre, an officer unnecessarily damages bicycles. Usually attributable to the State, unless motivated by private intent. File your claim with the police or via the court.

Counter-example: A Delft waste collector steals luggage during a pickup round. Possibly not attributable if purely for personal gain, despite being on duty.

Rights and Obligations

Citizens' Rights in Delft:

• File a claim via summons at the District Court of The Hague or administrative objection.
• Prove causality between the act and the damage.
• Statute of limitations: 5 years (art. 3:310 BW).

Government Obligations:

• Internal recourse in cases of gross negligence.
• Thorough and transparent investigation.

Read our article on unlawful government tort in Delft for more.

Frequently Asked Questions

Tips for Delft Residents

Successfully claiming under attribution of government tort:

• Document everything: dates, names, witness statements.
• Report damage in writing to the Municipality of Delft or via the objection procedure.
• Seek free advice at the Delft Legal Aid Office.
• Initiate proceedings at the District Court of The Hague within the time limit.