In hoeverre is een onbevoegd gedane overheidstoezegging bindend? HR 28 maart 2025

This article discusses the Supreme Court ruling of 28 March 2025 (ECLI:NL:HR:2025:467). The central question in this case was whether and to what extent an unauthorised government commitment can be attributed to the competent government body, in this case the municipal government. The judgment is intriguing because it was handed down at the dividing line between private and administrative law and the Supreme Court explicitly seeks to align itself with the case law of the Administrative Jurisdiction Division of the Council of State. The judgment is of great practical importance because the Supreme Court formulates an attribution criterion that must be applied in situations where the question arises as to whether and to what extent commitments and other actions of municipal officials and the municipal executive can be attributed to the municipal goverment. This puts an end to the uncertainty that existed in practice in this regard.