Attribution of Governmental Torts in Tilburg

Attribution of Governmental Torts in Tilburg

In Tilburg, attribution of governmental torts plays a key role in claims against the local government, such as the Municipality of Tilburg. It concerns whether an unlawful act by a civil servant or government body can be attributed to the municipality or the State. This determines if Tilburg residents can claim compensation for unlawful governmental torts.

Legal Basis

The rules on attribution of governmental torts are set out in tort law, particularly Article 6:162 of the Civil Code (BW), which defines unlawful acts. Whoever acts unlawfully must compensate the damage. For government bodies like the Municipality of Tilburg, Article 6:163 BW governs internal attribution, but Supreme Court case law is decisive. Key judgments include:

• Katwijk judgment (Supreme Court 27 November 1992, NJ 1993/293): A civil servant's act is attributable if it falls within the 'scope of duties and authority'.
• Bleker judgment (Supreme Court 26 June 2009, NJ 2010/157): Apparent authority can also result in attribution.

In administrative matters, Article 3:4 of the General Administrative Law Act (Awb) refers to qualification as a governmental tort, but damage claims proceed under the Civil Code at the District Court of Zeeland-West-Brabant in Breda.

Conditions for Attribution

Three conditions must all be met for attribution of governmental torts in Tilburg:

1. Duty-related: The civil servant is performing their public function, including closely related acts.
2. Organizational link: There is a hierarchical or functional connection to the Municipality of Tilburg; independent contractors without authority do not qualify.
3. No private act: The act is unrelated to private interests.

The Supreme Court interprets this broadly: even acts exceeding authority can be attributed if within the 'scope of service'.

Exceptions to Attribution

Not all civil servant errors make the Municipality of Tilburg liable. Exceptions include:

• Purely private acts: Such as a civil servant receiving a private fine at work.
• Police-specific: Article 6:175 BW provides limitations for good faith in police operations.
• External deviation: Violence stemming from private frustration outside the scope of duties.

Comparison: Attributable vs. Non-Attributable

Practical Examples in Tilburg

A Tilburg resident applies for an environmental permit with the Municipality of Tilburg. The civil servant loses documents and rejects it as 'incomplete'. The delay causes damage: attributable, as it is duty-related. Claim under Article 6:162 BW against the municipality.

Or: during an inspection in Tilburg, an officer unnecessarily damages property. Attributable, unless motivated by private interests. File the claim with the police or State at the District Court of Zeeland-West-Brabant.

Conversely: a waste collector in Tilburg steals a bike during their shift. Potentially non-attributable if purely self-serving, but often attributable due to the service context.

Rights and Obligations in Attribution Cases

Rights of Citizens in Tilburg:

• Claim damages via summons at the District Court of Zeeland-West-Brabant or administrative objection.
• Provide proof of causation and damage.
• Statute of limitations: 5 years (Article 3:310 BW).

Government Obligations:

• Internal recourse against the civil servant in cases of gross negligence.
• Conduct thorough and transparent investigations.

Read more in our article on unlawful governmental torts.

Frequently Asked Questions

Tips and Recommendations

For a strong claim involving attribution of governmental torts in Tilburg:

• Document thoroughly: dates, names, witnesses.
• Report damage in writing to the Municipality of Tilburg (initiate objection procedure).
• Seek free advice at the Legal Aid Office Tilburg.