Dutch Legislation

Title 7

in force

Appellate proceedings

Code of Civil Procedure (Rv) — Book 1 (Wetboek van Burgerlijke Rechtsvordering — Eerste Boek) · Articles: 33

Section 1

Of matters subject to appeal

332 Article 332

Parties may lodge an appeal against a judgment rendered in first instance, unless the claim on which the court in first instance had to decide does…

333 Article 333

No appeal shall lie in cases involving only legal consequences which are at the free disposal of the parties and where the parties have agreed to…

334 Article 334

Any party who has acquiesced in a judgment can no longer be admissible to lodge an appeal against it.

335 Article 335

No appeal shall lie from judgments rendered by default, but if the original claimant appeals the judgment, the defendant shall likewise be entitled…

336 Article 336 repealed
337 Article 337

An appeal may be lodged against judgments whereby a provisional measure is granted or refused before the final judgment has been rendered.

338 Article 338 repealed

Section 2

Of the time limit for appeal

339 Article 339

The period for lodging an appeal is three months, to be calculated from the day of the pronouncement of the judgment or the day of the oral…

340 Article 340

If a timely appeal in cassation has been lodged against a judgment, but this judgment is found not to be subject to cassation, the period for lodging…

341 Article 341

Upon the death of the party ruled against during the course of the period for appeal, the appeal may still be instituted by their heirs or successors…

342 Article 342 repealed

Section 3

Of the proceedings in appeal and the consequences thereof

343 Article 343

An appeal shall be commenced by a summons in the same form and with the same requirements as those in first instance, without the necessity of…

344 Article 344

All cases brought on appeal before the higher court shall be entered on the cause list of a single-judge chamber and shall be heard by that chamber.

344a Article 344a repealed
344b Article 344b

The provisions concerning the proceedings on appeal shall apply both to the proceedings before a single-judge chamber and to those before a…

345 Article 345 repealed
346 Article 346 repealed
347 Article 347

In appeal, a statement of claim and a statement of defence shall be filed.

348 Article 348

The original defendant may introduce new points of law, constituting a defense on the merits, unless the same have been waived in the proceedings at…

349 Article 349

In both the principal and the incidental appeal, the new defences referred to in the preceding article may be raised by means of reasoned pleadings.

350 Article 350

The appeal suspends the execution of the judgment, unless it has been stipulated therein that the same shall be executed provisionally in cases where…

351 Article 351

If an appeal has been lodged against a judgment that has been declared provisionally enforceable, the higher court may, upon the motion of a party…

352 Article 352 repealed
353 Article 353

Insofar as it does not follow otherwise from this Title or from another statutory regulation, the Second Title shall apply mutatis mutandis on…

354 Article 354 repealed
355 Article 355

In the event of an appeal against an interlocutory judgment, the appellate court, when it affirms the judgment, shall remit the case to the court of…

356 Article 356

When the court in appeal sets aside an interlocutory judgment, it may retain the case in order to decide on the merits in appeal.

357 Article 357 repealed

Section 4

Appeal against orders

358 Article 358

Against final orders in cases as referred to in Article 261, an appeal shall lie, except in the event of acquiescence.

359 Article 359

An appeal shall be instituted by the filing of a notice of appeal at the registry of the court of appeal. The notice of appeal shall state, in…

360 Article 360

An appeal stays the operation, unless the order has been declared provisionally enforceable.

361 Article 361

The court shall determine the day and time at which the hearing commences. It shall also order the summoning of the appellant, the petitioner in the…

362 Article 362

Insofar as it does not follow otherwise from this Section or from another statutory regulation, the Third Title shall apply mutatis mutandis on…