Proceedings for damages

Proceedings for damages

 

Administrative acts give rise to rights or obligations or prejudice rights, legitimate interests and freedoms of citizens and organizations. It is possible, however, for the unlawful acts and actions of the administrative bodies, as well as for their inactions to occur. Here the provisions of the APC of art. 203-207 and H on the liability of the state and municipalities for damages act in parallel. The APC will therefore be the special law, and for the outstanding issues the second law will apply. The idea of ​​joining claims for damages in one proceeding and challenging the act is for the sake of procedural economy and the use of the presented documents. In principle, the action is brought after the administrative acts have been revoked in administrative or judicial proceedings. The claim for damages is brought against the legal body representing the body. This is in order to use his bills to cover any compensation. At the request of the party or at the discretion of the court, the proceedings for revocation of the act and a claim for damages may be severed where this hinders the dispute proceedings. Consequently, this procedure is the guiding principle. However, when the proceedings for damages are set aside, the proceedings will be brought before the same court before which the proceedings for challenge are instituted. These disputes will therefore be subject to the administrative court or the SAC, depending on the body issuing the act