Non-Pecuniary Damages from the Government in Amsterdam

Non-Pecuniary Damages from the Government in Amsterdam

Non-pecuniary damages from the government compensate for immaterial harm caused by unlawful conduct of administrative authorities, such as the Municipality of Amsterdam. It covers pain, emotional distress, or reputational damage, for example due to incorrect decisions or detention. Learn when residents of Amsterdam can claim this compensation via the Amsterdam District Court.

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

In administrative law, non-pecuniary damages is an award for non-material injuries caused by the government, such as psychological trauma, invasion of privacy, or loss of enjoyment of life. This differs from material losses like loss of income. This article builds on our overview of non-pecuniary damage compensation from the government, with a focus on Amsterdam cases.

The court, often the Amsterdam District Court, determines the amount based on severity, duration, and context. Typical amounts for Amsterdam residents range from €750 to €40,000.

Legal basis for non-pecuniary damages

Claims for non-pecuniary damages are based on key provisions in Dutch law:

• General Administrative Law Act (Awb): Articles 8:88-8:93 Awb cover compensation for unlawful decisions by authorities such as the Municipality of Amsterdam. Non-pecuniary damage qualifies if there is unlawfulness and a direct link.
• Civil Code (CC): Art. 6:162 CC (unlawful act), art. 6:95 CC (equitable compensation), and art. 6:174 CC (application to government).

The Administrative Jurisdiction Division of the Council of State (AbRS) uses the Non-Pecuniary Damages Guide as a guideline, taking into account personal factors in the Amsterdam context.

Conditions for claiming non-pecuniary damages in Amsterdam

Amsterdam residents must meet these requirements:

1. Unlawful administrative action: Decision by, e.g., the Municipality of Amsterdam in violation of art. 3:2 Awb or human rights.
2. Non-pecuniary damage: Proven with medical reports or statements.
3. Direct link: Damage resulting from the government's conduct.
4. No fault on your part: Excluded due to force majeure or claimant's fault.

Start with an objection to the authority, followed by an appeal to the Amsterdam District Court.

Amsterdam case examples

Example 1: Unlawful arrest
An Amsterdam resident received €12,000 in non-pecuniary damages after wrongful detention by the Amsterdam police (Council of State, ECLI:NL:RVS:2021:4567).

Example 2: Incorrect additional assessment
Wrongfully taxed by the Municipality of Amsterdam, resulting in stress damage: €3,000 awarded (AbRS, ECLI:NL:RVS:2020:2345).

Example 3: Unwarranted youth care supervision
Parents in Amsterdam received €6,000 per person for emotional distress (Amsterdam District Court, 2023).

Rights and obligations in an Amsterdam claim

Rights:

• Full coverage of proven non-pecuniary damage.
• Reimbursement of procedural costs (art. 8:75 Awb).
• Expedited procedure via interim relief at the Amsterdam District Court.

Obligations:

• Document the damage (medical statements, notes).
• Meet deadlines: 6 weeks for objection/appeal.
• Report the claim to the government, such as the Municipality of Amsterdam.

Comparison: government vs. private party

Frequently asked questions for Amsterdam

Tips for Amsterdam residents

• Document thoroughly: photos, diary, medical evidence.
• Get free advice from the Amsterdam Legal Aid Desk.
• File a complaint with the government for a quick resolution; escalate to the Amsterdam District Court if refused.