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Request for immaterial damages in the first instance can be appealed for the first time

  • The Supreme Court has ruled that a claim for non-material damages due to exceeding a reasonable time in legal proceedings can be introduced for the first time during the appeal phase.
  • This ruling clarifies that an earlier Court of Appeal decision incorrectly applied previous case law by overlooking an exception that allows such claims to be made on appeal, especially when the delay is significant (over six months).
  • In the specific case, the Supreme Court awarded €1,000 in damages against the Tax and Customs Administration, while also applying a cost weighting factor due to the substantive appeal being unfounded.

Source BTW Jurisprudentie



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