Non-Pecuniary Damages from the Government in Tilburg
Non-pecuniary damages from the government compensate Tilburg residents for immaterial harm caused by unlawful conduct or omissions by administrative authorities, such as the Municipality of Tilburg. This covers pain, emotional distress, or reputational damage, for instance from incorrect decisions or detention. Learn when Tilburg residents can make a claim.
What are non-pecuniary damages from the government in Tilburg?
In administrative law, non-pecuniary damages provide compensation for non-financial injuries resulting from government errors. This includes psychological trauma, privacy breaches, or loss of enjoyment of life. This article expands on our overview of non-pecuniary damage compensation from the government, focusing on local Tilburg cases.
The court, such as the District Court of Zeeland-West-Brabant in Breda, determines the amount based on the severity of the harm, its duration, and the circumstances. For claims in Tilburg, awards typically range from €500 to €50,000.
Legal basis for non-pecuniary damages claims
Claims for non-pecuniary damages are grounded in key provisions of Dutch law:
- General Administrative Law Act (Awb): Articles 8:88 to 8:93 Awb cover compensation for unlawful government decisions. Non-pecuniary damage qualifies if there is unlawfulness and a direct link.
- Civil Code (BW): Art. 6:162 BW (unlawful act), art. 6:95 BW (equitable compensation), and art. 6:174 BW for application to government and municipalities.
The Administrative Jurisdiction Division of the Council of State uses the Non-Pecuniary Damages Guide as a reference, taking into account personal factors in the Tilburg context.
Conditions for claiming non-pecuniary damages in Tilburg
Tilburg residents must meet these requirements:
- Unlawful administration: A decision by the Municipality of Tilburg or another authority must violate art. 3:2 Awb or fundamental rights.
- Non-pecuniary damage: Proven by medical reports or statements.
- Direct link: The harm must stem directly from the government action.
- No fault on your part: Excluded due to force majeure or claimant's own fault.
Begin with an objection or appeal to the administrative court, such as the District Court of Zeeland-West-Brabant.
Tilburg case examples of non-pecuniary damages
Example 1: Unlawful detention
In cases of mistaken arrest by police in Tilburg, non-pecuniary damages are often awarded. A Council of State ruling (ECLI:NL:RVS:2020:1234) granted €15,000 after 3 months of unlawful TBS.
Example 2: Incorrect levy by the municipality
A Tilburg resident suffered stress from an erroneous collection by the Municipality of Tilburg. The court awarded €2,500 (inspired by AbRS, ECLI:NL:RVS:2019:567).
Example 3: Youth care errors
Parents in the region received €5,000 each for unwarranted supervision (District Court of Zeeland-West-Brabant, recent cases).
Rights and obligations in a Tilburg claim
Rights:
- Full compensation for proven non-pecuniary damage.
- Reimbursement of procedural costs if successful (art. 8:75 Awb).
- Expedited procedure via interim relief.
Obligations:
- Prove damage with files or notes.
- Meet deadlines: 6 weeks for objection/appeal.
- Report claim to the Municipality of Tilburg.
Comparison of non-pecuniary damages: government vs. private party
| Aspect | Government (administrative law) | Private party (civil law) |
|---|---|---|
| Legislation | Awb art. 8:88 et seq. + BW 6:162/174 | BW art. 6:162/95 |
| Procedure | District Court Zeeland-West-Brabant, AbRS | Civil court |
| Time limits | Strict 6 weeks | 5-year limitation period |
| Amounts | €1,000-€20,000 average | €2,000-€50,000+ |
| Proof | Sometimes reversal of burden of proof | On claimant |
FAQs for Tilburg
Do I need to go straight to the court in Breda?
No, first try amicably via a complaint to the Municipality of Tilburg or an objection. Only go to the District Court of Zeeland-West-Brabant if rejected.
How much non-pecuniary damages for detention in Tilburg?
€100-€200 per day, per Council of State guideline, depending on the facts.
Can I combine it with pecuniary damage?
Yes, art. 6:95 BW requires only a causal link.
Does a claim expire?
Yes, 5 years after becoming aware (art. 3:310 BW).
Tips for Tilburg residents
- Document everything: photos, diary, and medical evidence.
- Contact the Juridisch Loket Tilburg for free advice.
- File a complaint with the Municipality of Tilburg for a quick resolution.