Dutch Legislation

Title 11

in force

Cassation

Code of Civil Procedure (Rv) — Book 1 (Wetboek van Burgerlijke Rechtsvordering — Eerste Boek) · Articles: 51

Section 1

General provisions

396 Article 396

If an appeal in cassation is lodged in proceedings commenced by a writ of summons, these proceedings in cassation shall be designated as claim…

397 Article 397

The claimant or petitioner shall submit the commencement of proceedings to the Supreme Court by electronic means. During the proceedings, the parties…

397a Article 397a

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…

397b Article 397b

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

398 Article 398

Parties may lodge an appeal in cassation against:

399 Article 399

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.

400 Article 400

An appeal in cassation is not available to a person who has acquiesced in the judgment.

401 Article 401 repealed
401a Article 401a

From decisions whereby a provisional measure is granted or refused, an appeal in cassation may be lodged before the final judgment has been rendered.

401b Article 401b

The party who failed to appear may not lodge an appeal in cassation against a judgment rendered by default.

401c Article 401c

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

402 Article 402

An appeal in cassation must - except in cases where the law prescribes a shorter period for cassation - be lodged within three months, calculated…

403 Article 403

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…

404 Article 404

Except for cases in which the court has allowed provisional enforcement, an appeal in cassation shall have suspensive effect.

405 Article 405 repealed
406 Article 406 repealed

Section 3

Of the administration of justice in cassation in proceedings commenced by petition

407 Article 407

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…

407a Article 407a

The registrar sends the claimant a notice of summons after receipt of the application.

407b Article 407b

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…

407c Article 407c

In derogation from Article 407, paragraph 2, subparagraph c, the period for appearance shall be:

408 Article 408

The proceedings are pending as of the day on which the commencement of proceedings (procesinleiding) has been filed as referred to in Article 407…

408a Article 408a

All cases shall be dealt with by the single-judge chamber.

409 Article 409

The respondent may only appear represented by an advocate at the Supreme Court (Hoge Raad), who declares to act as such.

409a Article 409a

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…

410 Article 410

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…

411 Article 411

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…

412 Article 412

In the event of a cross-appeal in cassation (incidenteel cassatieberoep) or if an objection (exceptie) against the main appeal is raised by the…

413 Article 413

The Supreme Court may order an oral hearing, in which the Supreme Court may apply Articles 87 to 91 inclusive.

414 Article 414

Article 224 is applicable in cassation.

415 Article 415

The motion for the provision of security and all other incidental motions shall be filed by way of a statement.

416 Article 416

The designated advocate shall continue to represent the party until either another advocate at the Supreme Court has been designated by that party by…

417 Article 417

The oral arguments may also be conducted by advocates other than those designated pursuant to Articles 407 and 409, without the resulting increase in…

418 Article 418

After the pleadings, the Procurator General at the Supreme Court (Hoge Raad) shall submit an advisory opinion (conclusie), either immediately or on a…

418a Article 418a

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

419 Article 419

The Supreme Court shall limit its examination to the grounds on which the appeal in cassation is based.

420 Article 420

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…

421 Article 421

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…

422 Article 422

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…

422a Article 422a

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…

423 Article 423

The Supreme Court may, instead of remanding the case to the court whose judgment has been quashed, remand it to another court, namely:

424 Article 424

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…

425 Article 425

Opposition is not permitted against judgments rendered in default by the Supreme Court in cassation.

Section 5

Appeal in cassation in petition procedures

426 Article 426

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…

426a Article 426a

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…

426b Article 426b

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…

427 Article 427

In the statement of defence, the respondent may, notwithstanding the expiry of the time limits set forth in Article 426 and notwithstanding…

427a Article 427a

In the event of a cross-appeal in cassation (incidenteel cassatieberoep) or if the respondent raises a plea (exceptie) against the main appeal in…

427b Article 427b

Article 282a shall apply mutatis mutandis.

428 Article 428

Unless the Supreme Court applies Article 80a, paragraph 1, of the Judiciary Act (Wet op de rechterlijke organisatie), the Supreme Court may, if the…

428a Article 428a

Insofar as this Section does not provide otherwise, Article 284 shall apply mutatis mutandis.

429 Article 429

After the Procurator General at the Supreme Court has submitted a written conclusion within a period to be determined by the Supreme Court, the…