After a judgment in first instance at the District Court of The Hague, one may appeal to the court of appeal. Against the judgment of the court of appeal, cassation is possible at the Supreme Court. Both procedures have specific rules and limitations that must be observed.
Appeal: A New Assessment
In appeal, you get the chance to have your case fully reviewed again by a higher court.
Key Features of Appeal
| Feature | Details |
|---|---|
| Court | Court of Appeal |
| Time Limit for Filing | Within 3 months after judgment |
| Lawyer Required | Yes, mandatory |
| Submitting New Facts | Yes, possible (devolutive effect) |
| New Evidence | Yes, permitted |
| Full Reassessment | Yes, both facts and legal aspects |
When to Opt for Appeal?
- Dissatisfaction with the district court's judgment
- New facts or evidence have become available
- The district court may have misinterpreted the law
- Expectation of a more favorable outcome at the court of appeal
Limitations on Appeal
Appeal is not always possible:
- Cases with a financial interest under €1,750: no appeal possible
- Certain subdistrict cases: limited right of appeal
- Agreements between parties: appeal may be excluded
Steps in the Appeal Procedure
The appeal procedure follows a fixed pattern that must be carefully adhered to.
Overview of the Procedure
- Filing Writ of Appeal: within 3 months after the judgment
- Statement of Appeal in Principal Case: enumeration of objections to the judgment
- Statement in Answer: response by the opposing party
- Incidental Appeal (optional): cross-appeal by the other party
- Hearing of Parties: oral hearing of the case
- Proof (if necessary): submission of additional evidence
- Judgment of the Court of Appeal: final decision
Cassation: Last Resort
Cassation concerns exclusively legal issues and offers no room for reassessment of facts.
Features of Cassation
| Aspect | Description |
|---|---|
| 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 quashes a judgment only on certain grounds:
- Breach of Law: incorrect application or interpretation of laws
- Procedural Errors: failure to comply with prescribed forms
- Motivation Issues: unclear or insufficient reasoning
Costs of Remedies in Rijswijk
Instituting appeal or cassation entails significant costs.
Overview of Estimated Costs
| Remedy | Court Fees | Lawyer Costs |
|---|---|---|
| Appeal | €343 - €5,689 | €10,000 - €30,000 |
| Cassation | €882 - €7,049 | €15,000 - €50,000 |
Possible Outcomes of Procedures
The higher court may take various decisions depending on the case.
Outcomes of Appeal
- Affirmation: the original judgment remains unchanged
- Quashing: the judgment is declared invalid, the court of appeal decides anew
- Partial Quashing: parts of the judgment stand, others are revised
Outcomes of Cassation
- Dismissal: the judgment of the court of appeal remains in force
- Quashing with Remittal: case is remitted to another court of appeal
- Quashing with Own Disposal: the Supreme Court decides the case itself
Important Considerations for Remedies
The decision to appeal or institute cassation requires a well-considered weighing.
Pros and Cons
| Factor | Advantages | Disadvantages |
|---|---|---|
| Chance of Success | Strong arguments for success | Small chance of a different outcome |
| Financial Burden | If successful: costs possibly recoverable | If unsuccessful: high costs to bear oneself |
| Duration | Definitive clarity after conclusion | Additional years of delay |
| Emotional Impact | Feeling of pursuing justice | Stress from ongoing legal battle |
Practical Tips for Residents of Rijswijk
- Have the feasibility of appeal or cassation thoroughly analyzed by an expert
- Take into account long procedures and associated costs
- Consider a settlement as an alternative to a lengthy case
- For cassation, always engage a specialized lawyer
- Pay attention to the strict 3-month time limit for filing appeal or cassation
- For advice, you can go to the Juridisch Loket Rijswijk