prestatiemgericht

Prestatiemgericht, also known as the Court of Claims, is a specialized court in the Netherlands that handles claims related to the state's liability for damages. It was established in 1998 as part of the Dutch Civil Code, which replaced the previous Civil Code of 1916. The court's primary function is to determine whether the state is liable for damages caused by its actions or omissions, and if so, to award compensation.

The Prestatiemgericht is composed of a panel of judges who are appointed by the Minister of Justice. The court hears cases on a voluntary basis, meaning that individuals must initiate the claim themselves. This is in contrast to other courts in the Netherlands, where the state can also bring a case against an individual.

Claims before the Prestatiemgericht can arise from various sources, including government agencies, public institutions, and private companies acting on behalf of the state. The types of damages that can be claimed include physical injury, property damage, and financial loss. The court considers factors such as the nature of the damage, the state's responsibility, and the extent of the compensation awarded in similar cases.

The Prestatiemgericht operates under the principle of proportionality, meaning that the compensation awarded should be fair and reasonable in relation to the damage suffered. The court also considers the principle of subsidiarity, which means that the state should only be held liable when no other party is responsible for the damage.

In summary, the Prestatiemgericht is a specialized court in the Netherlands that handles claims related to the state's liability for damages. It operates on a voluntary basis and considers factors such as proportionality and subsidiarity when awarding compensation. The court plays an important role in ensuring that individuals who have suffered damage due to the state's actions or omissions can seek fair and reasonable compensation.