Appeal Proceedings under Dutch Law

Generally, all first instance judgments can be subject to appeal where the judgment is comprehensively reassessed unless expressly stated in the law or the parties have agreed for no appeal. There are no limited grounds judgments can be appealed on (as opposed to appeals in cassation). Appeal proceedings must be brought before the Netherlands Commercial Court of Appeals (NCCA) within 3 months after the delivery of the judgment, unless the judgment is delivered in preliminary relief whereby the appeal must then be lodged within 4 weeks from the date of the judgment.

Scope of appeal proceedings under Dutch law

The scope of the appeals procedure is limited to the grounds of appeal submitted by the appellant. This means that if the appellant’s complaint concerns all aspects of the judgment issued in first instance then all matters are reviewed in the appeals procedure. The respondent is then offered the opportunity to lodge his statement of defense, along with the possibility of cross-appeal. Parties can then plead their cases orally, followed by a judgment. When making the judgment, the NCCA must take into account all arguments raised in both the first instance and appeal proceedings from the appellant and respondent.

The appeal procedure under Dutch procedural law

The proceedings in appeal are similar to those in first instance. After the written statements are submitted, the parties can request closing arguments to be granted. Thereafter, the NCCA can choose between drawing an interim judgment or a final judgment. If the final judgment reverses the judgment of the NCC, the NCCA must settle the dispute itself.

Further appeals in The Netherlands

Any subsequent appeals (review) to the Supreme Court must also be filed within 3 months from the appellate court’s judgment. However, the Supreme Court does not decide the facts of the case but only considers whether the lower court applied the law correctly. Appeals to the Supreme Court are therefore usually referred to as a review.

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