After a judgment in first instance, appeal can be lodged in Utrecht at the court of appeal. Against the decision of the court of appeal, cassation is possible at the Supreme Court. Both remedies have specific conditions and limitations.
Appeal in Utrecht
Appeal provides the opportunity to have a case fully reviewed again by a higher court.
Characteristics of Appeal
| Characteristic | Details |
|---|---|
| Instance | Court of Appeal Arnhem-Leeuwarden (for Utrecht) |
| Time Limit | Within 3 months after judgment |
| Lawyer Required | Mandatory |
| New Facts | Permitted (devolutive effect) |
| Additional Evidence | Possible |
| Full Review | Both facts and law |
When to Lodge Appeal?
- Dissatisfaction with the district court's judgment
- New evidence or facts available
- Incorrect legal interpretation by the judge
- Expectation of a more favorable outcome at the court of appeal
Limitations of Appeal
In some cases, appeal is not possible:
- Cases with a stake less than €1,750
- Certain subdistrict cases with limited right of appeal
- Agreements between parties to exclude appeal
Appeal Procedure
The appeal process follows a structured trajectory.
Step-by-Step Plan
- Writ of Appeal: file within 3 months
- Statement of Appeal (Memorie van grieven): arguments against the judgment
- Statement in Response: response by the opposing party
- Optional: Cross-Appeal: counter-appeal
- Hearing: oral hearing
- Possibly: Taking of Evidence
- Judgment: decision by the court of appeal
Cassation at the Supreme Court
Cassation is the ultimate remedy and focuses exclusively on legal issues.
Characteristics of Cassation
| Characteristic | Details |
|---|---|
| Instance | Supreme Court of the Netherlands |
| 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 of laws
- Procedural Errors: failure to comply with formal requirements
- Reasoning Deficiencies: unclear or insufficient substantiation
Costs of Remedies
Both appeal and cassation involve high costs.
Cost Overview
| Stage | Court Fee | Lawyer Costs |
|---|---|---|
| Appeal | €343 - €5,689 | €10,000 - €30,000 |
| Cassation | €882 - €7,049 | €15,000 - €50,000 |
Possible Outcomes
The higher court can take various decisions.
Outcomes of Appeal
- Affirmation: district court judgment remains unchanged
- Quashing: judgment is reversed, court of appeal gives new judgment
- Partial Quashing: partly affirmed, partly quashed
Outcomes of Cassation
- Dismissal: court of appeal judgment remains in force
- Quashing with Referral: case referred back to another court of appeal
- Quashing with Determination: Supreme Court decides itself
Important Considerations
Choosing a remedy requires a well-considered decision.
Decision Factors
| Aspect | Advantage | Disadvantage |
|---|---|---|
| Chance of Success | Strong arguments for success | Small chance of change |
| Costs | If successful: costs possibly recovered | If unsuccessful: high expenses |
| Duration | Definitive clarity | Additional years of delay |
| Emotional Impact | Sense of justice | Stress from continuation of conflict |
Practical Advice
- Have a lawyer thoroughly analyze the chance of success
- Be aware of long procedures and associated costs
- Consider a settlement as an alternative
- For cassation, engage an experienced cassation lawyer
- Keep an eye on the strict 3-month time limit
Local Information Utrecht
District Court: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Legal Aid Office: Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht