Administrative law
The general administrative law relates to all rules focused on government action. The General Administrative Law Act takes a central role. Administrative law relates to all decisions made by the government, such as granting permits, granting subsidy and enforcement decisions. In most cases you are able to file an objection or appeal against a decision made by the government.
BOS VAN DER BURG has extensive knowledge in the field of government liability. Think about damage claims relating to (large) infrastructural projects and work done in the (inner) city, which causes your company to be less or not accessible for an extended period of time. It is possible to incur damages due to government action in several ways. In some cases you will be entitled to a damage claim, for example for damages arising from planning impact or a compensation for loss. BOS VAN DER BURG is able to advise you on the possibilities to claim your damages from the government.
A compensation for damages arising from planning impact is a compensation for damages suffered because of, for example, the adjustment of a zoning plan. The damages suffered by the planning measure can, for example, consist of a depreciation of your real estate (loss of equity) or a decline in revenue (loss of income).
It is possible to suffer damages resulting from something that in itself is a lawful act. For example when you suffer damages due to a traffic decision or when you are suffering a loss of revenue due to the fact that you company is not or less accessible. In certain cases the government is obliged to compensate the damages suffered.
In some cases one can speak of unlawful government acts due to which damages are suffered. This is a complicated judicial area, which means that it is not always clear where and how the damages suffered can be claimed. Due to law on compensation of loss and compensation in the event of unlawful decisions, which has (partially) come into force on the 1st of July 2013, the process is now a bit more clear, but competent legal advice remains important.
Governments are obliged to follow certain procedures when awarding assignments for works, deliveries and services. The procedures applying to the Netherlands have been included in the Public Procurement Act which has come into force on the 1st of April 2013. The goal of the European and Dutch procurement rules are to stimulate fair competition and internal market mechanism in Europe and, together with the jurisprudence of the Court of Justice of the European Communities, a complicated matter. BOS VAN DER BURG welcomes all questions in relation to procurement and is able to guide any procurement procedures.
