The Points System in Legal Aid for Amsterdam Residents
The points system for procedural costs calculates reimbursement of legal expenses in administrative law proceedings, particularly relevant in disputes with the Municipality of Amsterdam or other government authorities. If you are an Amsterdam resident who prevails at the Amsterdam District Court, you receive compensation for your lawyer or advisor based on points for tasks performed. This system ensures clarity and fairness in matters such as objections to parking fines or housing allocations.
Legal Basis of the Points System
This scheme is laid down in the Decree on Procedural Costs in Administrative Cases (BPB), particularly Article 1 and Annex 1, pursuant to Article 8:75 of the General Administrative Law Act (Awb). The judge at the Amsterdam District Court must award costs to the winning party. The Council of State adjusts the rates annually. It applies to cases before administrative judges, such as objections to decisions by the Municipality of Amsterdam. For the latest rates: check the Government or Council of State website. More about procedural costs reimbursement in administrative law.
How Does the Points System Work in Amsterdam?
The calculation involves three steps: points for activities, multiplied by a weighting factor and the value per point based on your income. Maximum 50 points (factor 1) or 100 points (factor 2) per instance, ideal for local proceedings at the Amsterdam District Court.
- Points per activity (Annex 1 BPB):
| Activity | Number of points |
|---|---|
| Notice of default | 0.5 |
| Handling revision request | 1 |
| Filing objection | 1 |
| Attending hearing | 1 |
| Filing appeal | 2 |
| Submitting evidence | 1 per item (max 2) |
| Appeal with conclusions of law | 2.5 |
- Weighting factor: 1 for simple cases, 2 for complex ones (e.g., intricate rental disputes in Amsterdam).
- Value per point (2024, income-based):
| Income category | Income (single) | Income (couple) | Value per point |
|---|---|---|---|
| I (low) | €27,900 or less | €39,400 or less | €108 |
| II | €27,901 - €46,500 | €39,401 - €65,300 | €98 |
| III | €46,501 - €69,800 | €65,301 - €98,000 | €82 |
| IV (high) | Over €69,800 | Over €98,000 | €66 |
Note: Rates change annually; see current BPB Annex.
Practical Examples for Amsterdam
Example 1: Objection to Municipality of Amsterdam parking charges. Objection (1 point) + hearing (1 point). Total 2 points x weighting factor 1. Category II: 2 x €98 = €196 reimbursement at Amsterdam District Court.
Example 2: Complex appeal on benefits. Appeal (2), hearing (1), conclusions of law (2.5). Total 5.5 x factor 2 = 11 points. Category III: 11 x €82 = €902.
If the judge awards fewer points, challenge this via revision.
Rights and Obligations under the Points System
Rights:
- Reimbursement if you prevail (Awb art. 8:75).
- Free choice of lawyer; also via Juridisch Loket Amsterdam.
- Higher reimbursement possible in exceptional cases (up to 2x max).
Obligations:
- Keep invoices and details.
- Claim within 4 weeks of judgment.
- Provide correct income; otherwise, recovery possible.
Frequently Asked Questions
Can I claim points without a lawyer in Amsterdam?
Yes, up to 50% for own work (max 25 points), but justify thoroughly at Amsterdam District Court.
What about cases more complex than factor 2?
Request extra points with evidence (Awb art. 8:76).
Does this apply to the Council of State?
Yes, for all administrative courts, including the Council of State.
With legal aid certificate?
Points system is supplementary; still claim from government.
Tips for Amsterdam Residents
Maximize your reimbursement:
- Log hours per BPB activity.
- Choose an administrative law specialist in Amsterdam.
- Consider no-win-no-fee arrangements.
- Check judgment for cost award.
- Contact Juridisch Loket Amsterdam for free advice.
Unsure about your case against the Municipality of Amsterdam? Start at the Juridisch Loket. See also procedural costs reimbursement, objection procedure or legal aid certificate.