Relativiteitsbeginsel
Principle of Relativity
The relativity principle entails that a breached legal norm only affords protection against damage or interests that the norm specifically seeks to protect.
The principle of relativity, also known as the relativity requirement, limits the right to invoke a legal norm to those cases in which the norm is intended to protect the interests of the person relying on it. This principle prevents a party from successfully relying on a breach that does not affect their own position.
In civil law it is enshrined in Article 6:163 of the Dutch Civil Code (BW) and in administrative law in Article 8:69a of the General Administrative Law Act (Awb). It serves to deter abuse of process and to focus judicial scrutiny on interests that are in fact protected.
In practice, the court will examine whether the breached norm was intended to safeguard the interests of the claimant or appellant before granting annulment or awarding damages.
“The court dismissed the appeal because, under the principle of relativity, the infringed norm did not serve to protect the appellant’s interests.”
Need legal advice?
Schedule a free consultation with one of our specialists