Damages for Unlawful Act
Damages for unlawful act helps Amsterdam residents recover losses resulting from unlawful actions, such as decisions by the Municipality of Amsterdam. In general administrative law, this is essential for damage caused by government intervention. Learn how to file a claim with the Amsterdam District Court and what requirements apply.
Legal Basis for Damages for Unlawful Act
The foundation of damages for unlawful act is found in Article 6:162 of the Dutch Civil Code (DCC). This article imposes a duty to compensate for unlawful acts, which occur when:
- They breach a subjective legal duty (e.g., duty of care);
- They violate an objective legal norm (e.g., statutory prohibition);
- They are unlawful according to standards of reasonable conduct (e.g., irresponsible driving behavior).
In administrative law, this is relevant for flawed decisions by the Municipality of Amsterdam. The General Administrative Law Act (GALA), including Article 3:2 GALA (due care) and Chapter 14 GALA (Articles 8:86-8:92), governs government compensation. After annulment of an unlawful decision, you can file a claim. This builds on our article about limitation periods for claims against the government.
Conditions for Awarding Damages
For damages for unlawful act (Art. 6:162 DCC), four criteria must be met:
- Unlawful act: The conduct (or omission) is unlawful.
- Attributability: Attributable to the wrongdoer (for government: the administrative body such as the Municipality of Amsterdam).
- Damage: Proven loss, such as financial damage, non-pecuniary injury, or lost income.
- Causation: Direct link (condition theory or adequate causation theory).
The limitation period expires after five years from discovery of the damage and wrongdoer (Art. 3:310 DCC). For government claims: see Limitation Periods for Claims Against the Government.
Practical Example: Unlawful Building Permit in Amsterdam
The Municipality of Amsterdam grants your neighbors in the Jordaan a permit for an extension that violates your easement rights and is unlawful. The work causes noise nuisance and devalues your canal house by €20,000. After annulment, you claim damages for unlawful act at the Amsterdam District Court, provided causation is established.
Practical Example: Delay Due to Unlawful Decision
A hospitality entrepreneur in the Pijp waits a long time for a terrace permit from the Municipality of Amsterdam, later deemed unlawful due to inadequate reasoning. He loses €50,000 in revenue. Under Art. 6:162 DCC, he claims lost profits if he proves the income would have been earned without the delay.
Rights and Obligations in a Claim
Your rights:
- Full coverage of proven damage (Art. 6:95-6:98 DCC).
- Pain and suffering compensation for injury.
- Access to administrative court at Amsterdam District Court (GALA) or civil court.
Your obligations:
- Mitigate damage (Art. 6:178 DCC).
- Provide evidence (receipts, estimates).
- File claim within the limitation period.
Government bodies sometimes apply a €150 deductible (Art. 8:91 GALA).
Comparison of Grounds for Compensation
| Ground | Legal Basis | Government Application | Amsterdam Example |
|---|---|---|---|
| Unlawful act | Art. 6:162 DCC | EU law flawed decision | Demolition permit harbor area |
| Breach of contract | Art. 6:74 DCC | Rare (no contract) | N/A |
| GALA compensation | Art. 8:86 GALA | Decision without legal effect | Delayed terrace permit |
Frequently Asked Questions
Can I claim damages for unlawful act against the Municipality of Amsterdam?
Yes, for unlawful decisions or actions causing damage. Start with a request to the municipality (Art. 8:88 GALA), followed by objection or appeal at the Amsterdam District Court. The Juridisch Loket Amsterdam offers free initial advice.
What if the limitation period expires?
After 5 years, the claim is time-barred (Art. 3:310 DCC), unless suspension (Art. 3:316 DCC). Details in Limitation Periods for Claims Against the Government.
Do I need a lawyer?
Not necessarily, but recommended for complex cases. Arslan Advocaten offers a free initial consultation for Amsterdam matters.
How do I prove damage?
Through invoices, expert reports, or statements. The court requires 'more likely than not' probability.
Tips and Recommendations
Successfully claiming damages for unlawful act in Amsterdam:
- Document thoroughly: Record incidents, take photos, and archive emails.
- Act promptly: Request compensation from the Municipality of Amsterdam quickly.
- Try mediation: More efficient and affordable than the Amsterdam District Court.
- Seek support: Start at Juridisch Loket Amsterdam or Legal Assistance from Arslan Advocaten for expert advice.