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Compensation for loss resulting from government acts

This information is provided by: Netherlands Enterprise Agency

In the Netherlands, if you suffer a loss resulting from lawful or unlawful government acts, you can request compensation from the municipality, province, water board or national authorities.

Lawful government acts

An example of a lawful government act is a road reconstruction. If, as a result, it is difficult or impossible to reach your business premises, you can suffer a loss. Or you can suffer a loss resulting from rerouting cables and pipelines. In that case, it is possible to ask for compensation. This is called compensation for loss resulting from lawful government acts. The government is not obliged to compensate all losses.

Unlawful government acts

An example of an unlawful government act is the wrongful refusal of a licence or permit. If you suffer a loss as a result, you are entitled to full compensation.

Where to claim compensation

There is a strict division in jurisdiction between the administrative and civil courts in relation to compensation for government acts. When it concerns loss in the field of social insurance, public service law or taxes, the administrative courts have jurisdiction. In other cases both civil and administrative courts have jurisdiction, up to an amount of €25,000 (at the discretion of the citizen). Beyond that amount, you will have to appeal to a civil court.

This information is provided by:

Netherlands Enterprise Agency

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