Legislator Case Law & Legislation
ECLI:NL:RVS:2025:5299 ECLI:NL:RVS:2025:5299 AI generated

Court allows appeal against lower court's refusal to hear damages claim in debt counseling termination case.

Case Number ECLI:NL:RVS:2025:5299
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Council of State declared the appeal admissible and set aside the lower court's ruling that it lacked jurisdiction to examine the damages claim. The appellant argued that the debt counseling service was terminated due to his failure to provide documents, while the lower court had previously dismissed his objection and refused to assess compensation. The court held that the lower court was indeed competent to hear the damages request under administrative law, but ultimately rejected the claim because the termination was deemed lawful.

Legislator headnote

AI generated

Art. 8:91 lid 1 Awb; Art. 8:74 lid 1 Awb: The administrative court is competent to examine a request for damages when the underlying administrative decision is subject to review, but damages may be denied if the decision is found lawful.

Keywords

AI generated
administrative jurisdiction damages claim debt counseling termination competence of court lawful administrative act

Cited Legislation

AI generated
Art. 8:91 lid 1 Awb
Art. 8:74 lid 1 Awb
artikel 8:67 van de Algemene wet bestuursrecht

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