Entry into force of new Dutch laws on compensation of
damage from administrative decisions and on administrative
procedures
1. Compensation of damage resulting from administrative
decisions
On 29 January 2013 the upper house of the Dutch Parliament
approved a new law: the Compensation of Damage from Lawful and
Unlawful Administrative Decisions Act (the "Damage
Compensation Act"). This Act introduces a new statutory basis
for the payment of compensation to private citizens and businesses
that are damaged by governmental activities, whether lawful or
unlawful.
Compensation of damage resulting from lawful administrative
decisions
As a rule, private citizens or businesses that suffer damage as
a result of lawful administrative decisions (such as lost
turnover caused by infrastructure works) must bear that damage
themselves. If, however, the damage is greater than the
"normal societal risk" and the injured party is affected
disproportionately compared to others,
