In an appeal (hoger beroep), a court case is heard again, but this time by a higher court. An appeal can offer a solution when one of the parties disagrees with the ruling of an earlier court. In most cases, the appeal is lodged with a special tribunal or a court of appeal (gerechtshof). How the appeal proceeds depends, among other things, on the type of case. This page describes the situation in the Netherlands.
Appeal in a civil case
Civil cases are disputes between private individuals, foundations and/or companies. Civil cases are about, for example, rental disputes and neighbour disputes. In these cases, the appeal must be lodged with the court of appeal. If it is not possible to wait for the ruling on appeal, a provisional measure (voorlopige voorziening) can be requested. In some civil cases, for example if the case is about an amount of less than €1,750, an appeal is not possible.
- Writ of summons on appeal
When the court has given a ruling, this is called a judgment (vonnis). It is possible to appeal against it. To do so, you serve a writ of summons on appeal (dagvaarding in hoger beroep) on the other party. This must be done within four weeks (ruling in summary proceedings, kort geding) or three months (proceedings on the merits). You do not do this yourself; a lawyer or a court bailiff must do it.
- Cause-list hearing
At the cause-list hearing (rolzitting), the lawyer submits written documents, but the substance of the case is not yet dealt with. The lawyer explains why he believes the judgment of the first court should be set aside. To do so, the lawyer sets out his grounds of appeal (grieven, legal arguments). It is also possible that the other party has lodged an appeal. At the cause-list hearing, the court of appeal will state the date by which you must respond to the statement of grounds of appeal (memorie van grieven) at the latest. The response is set out in a statement of defence on appeal (memorie van antwoord). Responding is not mandatory, as the court of appeal can also give a judgment in default (verstekarrest).
- Hearing
After the written round, the court of appeal can give an interim judgment or a final judgment. Usually the parties are invited to provide additional information during the hearing. The invitation states whether or not you are required to attend. During the hearing, additional questions are asked. Witnesses or experts may also be called. The court also considers whether mediation or a settlement might be a better option than a decision by the court of appeal.
- Ruling of the court
At the end of the hearing, the court of appeal will say when the judgment will follow. The court of appeal can declare the appeal well-founded. This means that the ruling of the first court is set aside. The court of appeal can also declare the appeal unfounded. This means that the ruling of the lower court stands. The court of appeal will decide whether the losing party must pay (part of) the legal costs of the other party. It is possible to lodge an opposition (verzet, against a judgment in default) or an appeal in cassation (cassatie) against the decision of the court of appeal.
Appeal in a family case
A family case is a case about a family matter, such as a dispute about maintenance or a divorce. In a family case, the appeal is lodged with the court of appeal. A lawyer is mandatory to appeal in a family case.
- Petition on appeal
It is possible to appeal against a court decision (beschikking). You do this by sending a petition or notice of appeal to the court of appeal. A lawyer must do this for you, within three months of the ruling. In the notice of appeal, the lawyer asks for the ruling of the first court to be set aside. He also explains why you disagree with the ruling.
- Summons to the hearing
Both parties, and possibly other interested parties too, are summoned to the hearing. The summons states when the hearing will take place. If this date does not suit you, it is important to contact the court registry (griffie) as soon as possible. The other party will receive a copy of the notice of appeal and the attachments. They are given time to respond. This is called a statement of defence (verweerschrift). Responding in writing is not mandatory; it can also be done orally during the hearing.
- Hearing
Attending the hearing is not mandatory, but it is advisable. Anyone who attends the hearing is given the opportunity to give his or her view. The appellant always speaks first and may explain his request, after which the other party can respond. The court will also ask questions. This hearing is not public and no witnesses are heard. During the hearing, other ways of resolving the dispute are also explored, such as mediation.
- Ruling
At the end of the hearing, the court of appeal will say when the ruling or decision will follow. The decision is sent to the lawyer. The court of appeal can declare the appeal well-founded and set aside the ruling of the first court. The court of appeal can also declare the appeal unfounded. The ruling of the first court then stands. It is possible to appeal in cassation if you disagree with the ruling of the court of appeal.
Appeal in a criminal case
Criminal cases are cases in which someone is punished for a minor or serious offence, for example hacking or assault. The appeal is lodged with the court of appeal. Appeals in criminal cases are particularly complex. It is also important to appeal quickly, within two weeks of the ruling. The Public Prosecution Service (Openbaar Ministerie) can also appeal. Hiring a lawyer is not mandatory, but it is advisable.
More information about criminal proceedingsRead also: Administrative proceedings.
Appeal in an administrative case
Who hears the appeal in an administrative case depends on the subject of the case. In tax cases, the court of appeal has jurisdiction, but in cases about social security (e.g. student finance) and civil service law (e.g. employment cases involving civil servants), the appeal is lodged with the Central Appeals Tribunal (CRvB, Centrale Raad van Beroep). In cases about economic administrative law (e.g. cases about the Postal Act or the Competition Act), the Trade and Industry Appeals Tribunal (CBb, College van Beroep voor het bedrijfsleven) has jurisdiction. In immigration cases or cases relating to environmental permits, the appeal is lodged with the Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak RvS, Raad van State).
Appeal in tax cases
If you disagree with a ruling in a tax case, the court of appeal can hear the case again. It is possible, but not mandatory, to get the help of a lawyer for this. To appeal in a tax case, you submit a notice of appeal (hogerberoepschrift) to the tax law team (Team belastingrecht) of the court of appeal. This can be done digitally or by post. It is also possible that a government organisation has lodged an appeal. You will then receive a copy of it and an invitation to submit a statement of defence.
In general, the case is dealt with at a hearing. Sometimes a simplified procedure is used. The hearing is not public. It is also possible to reach an agreement at the hearing and come to a settlement. If appropriate, mediation alongside the court proceedings can be used.
Appeal to the Central Appeals Tribunal (CRvB)
The CRvB has jurisdiction in cases about social benefits, social insurance and civil service law. You can hire a lawyer for this appeal, but it is not mandatory. The notice of appeal must be submitted within six weeks of the ruling of the district court (rechtbank). The administrative body can also lodge an appeal. You can then respond to it with a statement of defence or lodge an appeal yourself as well. In the second case, it is called a cross-appeal (incidenteel hoger beroep).
Before the oral hearing, the CRvB will first carry out a preliminary investigation. You may be summoned for this. Witnesses may also be called. Sometimes you have to take part in a medical examination. The case can be heard by a full bench of three judges or by a single-judge bench. There are rules about this, set out in the Case Allocation Code (Code zaakstoedeling). The case is usually dealt with at a hearing, but sometimes a simplified procedure is chosen. The CRvB gives its ruling within six weeks of the hearing.
Appeal to the Trade and Industry Appeals Tribunal (CBb)
The Trade and Industry Appeals Tribunal has jurisdiction in certain economic matters and disciplinary cases. Hiring a lawyer is not mandatory. Both you and the administrative body can appeal. You do need to submit a notice of appeal no later than six weeks after the ruling or decision was announced. If the administrative body has lodged an appeal, you can submit a statement of defence. A time limit of four weeks applies to this. There will be a preliminary investigation, an investigation before the hearing. As part of it, witnesses may be called or an on-site inspection may be carried out, for example. Attending the hearing is not mandatory, unless you have been summoned to attend. It is, however, advisable to attend. The CBb gives its ruling within six weeks of the day of the hearing.
Appealing to the Administrative Jurisdiction Division
The Administrative Jurisdiction Division is the highest general administrative court in the Netherlands, alongside the Central Appeals Tribunal and the Trade and Industry Appeals Tribunal, among others, and gives rulings not only in cases between citizens and the government, but also in cases between different government bodies. If, for example, you disagree with a decision by the municipality or by central government, after lodging an objection you usually first appeal to the district court. As a rule, an appeal against the district court's ruling can then be lodged with the Administrative Jurisdiction Division (Article 8:105 of the General Administrative Law Act (Awb)). Only in certain cases, designated in the Administrative Jurisdiction Regulation (Bevoegdheidsregeling bestuursrechtspraak) annexed to the Awb, can you appeal directly to the Division. Sometimes an administrative dispute can be better resolved through mediation. Mediation can only offer a solution if all parties involved agree to it.
There are various ways to lodge an appeal with the Administrative Jurisdiction Division. For example, through the Digital Counter (Digitaal loket, for citizens), the Mijn Zaak portal (Portaal Mijn Zaak) or Secure Mail (Veilig Mailen). It can even be done by letter or by fax. It is important to include your personal details, as well as the decision or ruling you disagree with. You must also state why you disagree with the ruling or decision. The time limit for lodging an appeal is six weeks. A lawyer is not mandatory, but hiring a lawyer is advisable.
Cost of an appeal
An appeal comes with costs. For example, you have to pay a court fee (griffierecht). The amount depends on the type of case. If you are proved right, you may get the court fee back from the party that was proved wrong. You also have to pay lawyer's fees, and there may be additional costs, for example for experts or witnesses.
Legal expenses insurance and appeals
Legal expenses insurance provides cover for costs that can arise in legal disputes, including the costs of conducting appeal proceedings. It is insurance that contributes to paying legal costs, such as lawyer's fees, court fees and other court costs. The insurer may apply a maximum amount that is reimbursed. This amount can quickly be exceeded in an appeal, because of the often higher costs. It is therefore important to read the terms and conditions of your legal expenses insurance carefully and to consult your lawyer and legal expenses insurer before you decide to appeal.
More information about legal expenses insuranceSubsidised legal aid for appeals
If you have a low income and few assets, you can receive a contribution towards paying a lawyer or a mediator. There is always a personal contribution. Court fees must also always be paid yourself. You may also be eligible for subsidised legal aid (gesubsidieerde rechtsbijstand) in an appeal. How much you have to pay yourself and how much the legal aid certificate (toevoeging) covers depends on your income and assets. Your lawyer must apply for this subsidy for you.
More information about subsidised legal aidFrequently asked questions about appeals
You do not have to accept a court's decision. You can still appeal. It is, however, important that you do so in time and that you have good arguments for it. So first get clarity and gather information. The questions and answers below also help to make things clear.
What is the difference between lodging an opposition and appealing?
An opposition (verzet) is lodged against a judgment given in default, that is, a judgment where the defendant was not present or did not respond. An opposition offers the opportunity to be heard after all and to defend yourself against the claim. An appeal is used to challenge an existing judgment that was given after a full trial. In that case, you disagree with the court's decision and want a higher court to look at the case again and give a new judgment.
How do I appeal against a government decision?
Usually you first have to lodge an objection (bezwaar), but sometimes you can also appeal directly. If you disagree with the decision on the objection, you can appeal to the district court by means of a notice of appeal (Article 8:1 Awb). Only against the district court's ruling is a further appeal (hoger beroep) possible. You often have six weeks to do this, but sometimes only two weeks. It is important that you are on time and that the notice of appeal contains the mandatory information. Get the help of a lawyer if you are in doubt about this.
What is a provisional measure in an appeal?
Sometimes something is so important that it cannot wait until the appeal is heard. In that case, a decision can be taken immediately and temporarily. For example, that a tree may not be felled until there is a ruling on appeal. A provisional measure can be requested from the court. In administrative law, it is not possible to appeal against the ruling of the preliminary relief judge (voorzieningenrechter) on a provisional measure (Article 8:104(2) Awb). A judgment in civil summary proceedings (kort geding) can be appealed, within four weeks (Article 339(2) of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering)).
What is the difference between appealing and appealing in cassation?
Appealing means that you disagree with the court's ruling and want a higher court to look at the case again. During an appeal, the case is reviewed again in its entirety, including the facts and the application of the law. Appealing in cassation is the last step in the legal process. The facts are then not assessed again; the only question is whether the law has been applied correctly by the lower courts.
What is the statement of grounds of appeal?
The statement of grounds of appeal (memorie van grieven) is a formal document submitted by the party that appeals ("the appellant"). This document contains all the 'grounds', or complaints, that the appellant has about the ruling of the lower court. In the statement of grounds of appeal, the appellant therefore sets out why he or she disagrees with the earlier ruling. The statement of grounds of appeal is a very important document, because the court of appeal bases the appeal on the grounds set out in it.