What is an appeal (hoger beroep) in Dutch civil proceedings?

Dutch term: Hoger beroep | Legal basis: Articles 332-362 Rv

An appeal (hoger beroep) in Dutch civil proceedings is the second-instance review of a District Court judgment by the Court of Appeal (gerechtshof). Under articles 332 to 362 of the Dutch Code of Civil Procedure, appeals must generally be filed within three months of the judgment date.

The Court of Appeal re-examines both the facts and the law. Parties can present new arguments and, in some cases, new evidence. The appellate procedure is predominantly written, with a hearing for oral argument. The appeal court can confirm, reverse or modify the first-instance judgment. Appeal is available as of right for most judgments above a modest threshold.

Why it matters for international businesses

For international parties involved in Dutch litigation, the appeal stage is where factual findings can still be challenged. After the Court of Appeal, only cassation (on points of law) before the Supreme Court remains.