After a judgment in first instance, an appeal may be lodged with the court of appeal. Against the decision of the court of appeal, cassation is possible with the Supreme Court. Both remedies have specific conditions and limitations.
Appeal
Appeal provides the opportunity to have a case fully reviewed again by a higher court.
Characteristics of Appeal
| Feature | Details |
|---|---|
| Judicial Body | Court of Appeal |
| Time Limit for Filing | Within 3 months after judgment |
| Lawyer Required | Yes, mandatory |
| New Facts Allowed | Yes, possible due to devolutory effect |
| New Evidence | Yes, permitted |
| Complete Reassessment | Yes, both facts and legal aspects |
When to Lodge an Appeal?
- Dissatisfaction with the judgment in first instance
- New evidence or facts that may influence the case
- Incorrect legal interpretation by the district court
- Expectation of a more favorable outcome at the court of appeal
Limitations of Appeal
Appeal is not always possible:
- Cases with a stake less than €1,750: no appeal possible
- Certain subdistrict cases: limited right of appeal
- Agreements between parties: appeal may be excluded
Appeal Procedure
Lodging an appeal follows a structured process.
Steps in the Procedure
- Writ of Appeal: within 3 months after the judgment
- Statement of Appeal: arguments against the previous judgment
- Statement in Answer: response by the opposing party
- Optional: Cross-Appeal: counter-appeal by the other party
- Hearing: oral hearing at the court of appeal
- Optional: Proof: providing additional evidence
- Judgment: final decision by the court of appeal
Cassation with the Supreme Court
Cassation is the ultimate remedy and focuses exclusively on legal issues.
Characteristics of Cassation
| Aspect | Description |
|---|---|
| Body | Supreme Court of the Netherlands |
| Filing Time Limit | 3 months after judgment of the court of appeal |
| Lawyer | Special cassation lawyer required |
| New Facts | Not permitted |
| Review | Exclusively legal review, no facts |
Grounds for Cassation
The Supreme Court will quash a judgment only on certain grounds:
- Breach of Law: incorrect application or interpretation of legislation
- Procedural Errors: non-compliance with formal requirements
- Reasoning Deficiencies: unclear or insufficient substantiation
Costs of Remedies
Both appeal and cassation entail high costs.
Cost Overview
| Stage | Court Fees | Lawyer Costs |
|---|---|---|
| Appeal | €343 - €5,689 | €10,000 - €30,000 |
| Cassation | €882 - €7,049 | €15,000 - €50,000 |
Possible Outcomes
The outcomes of appeal and cassation may vary.
Appeal Outcomes
- Affirmation: original judgment stands
- Quashing: judgment is reversed, court of appeal decides anew
- Partial Quashing: partly affirmed, partly quashed
Cassation Outcomes
- Dismissal: judgment of the court of appeal remains in force
- Quashing with Remittal: case referred back to another court of appeal
- Quashing with Determination: Supreme Court decides itself
Important Considerations
Lodging an appeal or cassation requires a well-considered decision.
Factors to Consider
| Aspect | Advantages | Disadvantages |
|---|---|---|
| Chance of Success | Strong arguments for improvement | Low chance of success |
| Financial Burden | Costs recoverable if successful | High costs if unsuccessful |
| Duration | Definitive clarity | Lengthy process |
| Emotional Impact | Sense of justice | Stress from ongoing dispute |
Practical Advice
- Have a lawyer assess the chances of success of appeal or cassation
- Be aware of the long duration and associated costs
- Consider a settlement as an alternative to a lengthy process
- Always engage a specialized lawyer for cassation
- Keep track of the strict 3-month time limit
Local Information Leiden
District Court: District Court of The Hague, Leiden Location
Legal Counter: Juridisch Loket Leiden, Stationsweg 46