Damages for Unlawful Act in Tilburg

Damages for Unlawful Act in Tilburg

Damages for unlawful act helps residents of Tilburg recover losses caused by unlawful actions, such as those by the Municipality of Tilburg or other public authorities. In general administrative law, this is essential for damage resulting from government decisions. Learn how Tilburg residents can file a claim with the District Court of Zeeland-West-Brabant in Breda and what requirements must be met.

Legal Basis for Damage Claims in Tilburg

The foundation of damages for unlawful act is Article 6:162 of the Civil Code (CC), which imposes liability for damages resulting from unlawful acts. An act is unlawful if:

• It breaches a subjective legal duty, such as a duty of care;
• It violates an objective legal norm, for example a statutory prohibition;
• It is unlawful according to standards of reasonable conduct, such as negligent behavior.

In administrative law, this is relevant for erroneous decisions by the Municipality of Tilburg. The General Administrative Law Act (GALA), including Article 3:2 GALA (due care) and Chapter 14 GALA (Articles 8:86-8:92), governs compensation by administrative authorities. After annulment of an unlawful decision, you can file a claim. See also our article on limitation periods for claims against the government.

Requirements for a Successful Damage Claim

For an award of damages for unlawful act (Art. 6:162 CC), four conditions must be met:

1. Unlawful act: The conduct or omission is unlawful.
2. Attributability: The act is attributable to the wrongdoer (for public authorities: the administrative body such as the Municipality of Tilburg).
3. Provable damage: Financial loss, non-pecuniary injury or lost income.
4. Causation: Direct link under the conditio sine qua non theory or adequate causation theory.

The limitation period expires after five years from awareness of the damage and the wrongdoer (Art. 3:310 CC). For government claims: see Limitation Periods for Claims Against the Government.

Example from Tilburg: Erroneous Building Permit

The Municipality of Tilburg issues an environmental permit for a construction project in the Het Zand neighborhood, but it infringes your neighbor's rights. Construction activities cause nuisance and €20,000 in loss of property value. After annulment of the decision, you claim compensation from the District Court of Zeeland-West-Brabant, provided causation is proven.

Example: Delay in Environmental Permit in Tilburg

A business owner in Tilburg's Spoorzone waits too long for a permit that turns out to be unlawful (insufficient reasoning). This results in €50,000 in lost turnover. Under Art. 6:162 CC, he claims lost profits, supported by evidence that the turnover would have been achieved without the delay.

Rights and Obligations in Claims in Tilburg

Rights:

• Full compensation for proven damage (Arts. 6:95-6:98 CC).
• Pain and suffering damages in case of injury.
• Access to the administrative court via GALA or the civil court at the District Court of Zeeland-West-Brabant, Breda.

Obligations:

• Mitigate damage (Art. 6:178 CC).
• Provide evidence (receipts, estimates).
• File claim within the limitation period.

Public authorities apply a €150 deductible for certain claims (Art. 8:91 GALA).

Comparison of Damage Grounds

Frequently Asked Questions about Tilburg

Tips for Claims in Tilburg

Successfully claim damages for unlawful act:

• Document thoroughly: Photos, logs and correspondence regarding Municipality of Tilburg decisions.
• Act promptly: Request compensation from the municipality within the deadline.
• Try mediation: More efficient than proceedings at the Breda District Court.
• Seek help: Call the Legal Aid Desk Tilburg or legal aid providers.