Is there a Didam arrest?

Questioner

We are a cultural institution. For fourteen years, we have been creating a cultural program in a municipal building, which we have been allowed to use free of charge for the benefit of that cultural program. From 2025, we will be paying rent for this building. The municipality now states that the Didam ruling applies and that they must open the building to other potential tenants. But we have been using the building for quite some time now. Does the Didam ruling still apply? Thank you very much.

Lawyer

The Didam ruling is an important judicial decision in Dutch jurisprudence that states that government institutions may not simply offer services or goods below market price in order to prevent distortion of competition. This rule stems from European law. In your situation, this probably means that the municipality will charge market-conform rent for the building from 2025. The fact that the municipality opens the building to other potential tenants seems to fit within this principle. After all, the municipality may not give a privileged position to certain parties. However, the applicability of the Didam ruling depends on various circumstances, such as the exact market conditions and the nature of your activities. Although you have been users of the building for a long time, it seems that this does not necessarily affect the applicability of the Didam ruling. However, it is a point that could possibly come up in further legal discussions. I would advise you to contact a lawyer or legal advisor specialized in government law or real estate law to investigate this matter further. This is a complex area of ​​law and detailed, tailored advice is highly recommended.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer