Title 11
in forceCassation
Section 1
General provisions
If an appeal in cassation is lodged in proceedings commenced by a writ of summons, these proceedings in cassation shall be designated as claim…
The claimant or petitioner shall submit the commencement of proceedings to the Supreme Court by electronic means. During the proceedings, the parties…
The time at which a message is received by the Supreme Court (Hoge Raad) by electronic means shall be the time at which the message has reached the…
Summons by the Supreme Court, minutes and copies of a judgment or order, as well as other communications from or to the Supreme Court and parties…
Section 1A
Claim procedures subject to cassation
Parties may lodge an appeal in cassation against:
An appeal in cassation is not available to a person who can have their objections remedied by the same judge before whom the case was heard.
An appeal in cassation is not available to a person who has acquiesced in the judgment.
From decisions whereby a provisional measure is granted or refused, an appeal in cassation may be lodged before the final judgment has been rendered.
The party who failed to appear may not lodge an appeal in cassation against a judgment rendered by default.
If an appeal in cassation is lodged against a judgment rendered by default while an opposition (verzet) is still available, the defendant may no…
Section 2
The time limit for appeal in cassation in claim proceedings and the suspensive effect thereof
An appeal in cassation must - except in cases where the law prescribes a shorter period for cassation - be lodged within three months, calculated…
In the event of the death of the party ruled against during the course of the period for appeal in cassation, a new period shall commence for the…
Except for cases in which the court has allowed provisional enforcement, an appeal in cassation shall have suspensive effect.
Section 3
Of the administration of justice in cassation in proceedings commenced by petition
The appeal in cassation shall be instituted by a notice of commencement of proceedings, which shall be signed by an advocate at the Supreme Court…
The registrar sends the claimant a notice of summons after receipt of the application.
The notice of appearance referred to in Article 407a shall be served on the defendant by writ or delivered by the claimant in another manner, within…
In derogation from Article 407, paragraph 2, subparagraph c, the period for appearance shall be:
The proceedings are pending as of the day on which the commencement of proceedings (procesinleiding) has been filed as referred to in Article 407…
All cases shall be dealt with by the single-judge chamber.
The respondent may only appear represented by an advocate at the Supreme Court (Hoge Raad), who declares to act as such.
The Supreme Court shall stay the proceedings as long as the claimant has not paid the court fees and the period referred to in Article 3a, paragraph…
The respondent, who wishes to lodge an appeal in cassation, shall do so, on pain of forfeiture of the right thereto, by means of a statement of…
The respondent shall submit his statement of defence on a date to be determined by the Supreme Court (Hoge Raad). A period of four weeks shall be…
In the event of a cross-appeal in cassation (incidenteel cassatieberoep) or if an objection (exceptie) against the main appeal is raised by the…
The Supreme Court may order an oral hearing, in which the Supreme Court may apply Articles 87 to 91 inclusive.
Article 224 is applicable in cassation.
The motion for the provision of security and all other incidental motions shall be filed by way of a statement.
The designated advocate shall continue to represent the party until either another advocate at the Supreme Court has been designated by that party by…
The oral arguments may also be conducted by advocates other than those designated pursuant to Articles 407 and 409, without the resulting increase in…
After the pleadings, the Procurator General at the Supreme Court (Hoge Raad) shall submit an advisory opinion (conclusie), either immediately or on a…
Insofar as this Title does not provide otherwise, Articles 117 to 122 inclusive of the Second Title, the Seventh to Ninth Sections inclusive, as well…
Section 4
Judgment in cassation in claim proceedings
The Supreme Court shall limit its examination to the grounds on which the appeal in cassation is based.
Upon reversal of the contested judgment, the Supreme Court shall itself dispose of the case, insofar as there are no grounds for referral pursuant to…
If, after the quashing of the judgment, a decision must be made on facts regarding which no ruling has yet been rendered, the Supreme Court (Hoge…
If, after the quashing of the judgment, a decision must be rendered on points of law regarding which no ruling has yet been made, the Supreme Court…
The proceedings shall be referred to the court whose judgment has been set aside, unless there is reason for referral to the court of first instance…
The Supreme Court may, instead of remanding the case to the court whose judgment has been quashed, remand it to another court, namely:
The court to which the case has been referred shall continue the proceedings and decide with due observance of the judgment of the Supreme Court…
Opposition is not permitted against judgments rendered in default by the Supreme Court in cassation.
Section 5
Appeal in cassation in petition procedures
An appeal in cassation against orders may be lodged by those who appeared in one of the previous instances, within three months, to be calculated…
An appeal in cassation shall be instituted by a notice of commencement of proceedings, signed by an advocate at the Supreme Court (Hoge Raad) and…
The respondent has a period of three weeks for the filing of a statement of defence signed by an advocate at the Supreme Court after the clerk has…
In the statement of defence, the respondent may, notwithstanding the expiry of the time limits set forth in Article 426 and notwithstanding…
In the event of a cross-appeal in cassation (incidenteel cassatieberoep) or if the respondent raises a plea (exceptie) against the main appeal in…
Article 282a shall apply mutatis mutandis.
Unless the Supreme Court applies Article 80a, paragraph 1, of the Judiciary Act (Wet op de rechterlijke organisatie), the Supreme Court may, if the…
Insofar as this Section does not provide otherwise, Article 284 shall apply mutatis mutandis.
After the Procurator General at the Supreme Court has submitted a written conclusion within a period to be determined by the Supreme Court, the…