What is cassation at the Dutch Supreme Court?

Dutch term: Cassatie | Legal basis: Articles 398-429 Rv

Cassation (cassatie) is the procedure by which a judgment of the Court of Appeal is reviewed by the Dutch Supreme Court (Hoge Raad) in The Hague. The Supreme Court reviews only questions of law, not factual findings. It assesses whether the lower court applied the law correctly and whether its reasoning was adequate.

Cassation must be filed within three months of the appellate judgment. The grounds for cassation are limited: violation of law, failure to observe procedural rules, and insufficient or incomprehensible reasoning. If the Supreme Court quashes the judgment, it may refer the case to a different Court of Appeal for a new decision on the merits.

Why it matters for international businesses

Getting the facts established correctly at the District Court and Court of Appeal level is critical, because the Supreme Court will not re-examine factual findings. This makes early-stage litigation strategy particularly important for international clients.