The procedure

In the context of the appeal, the basic principle is that provisions regarding the first instance also apply to the appeal procedure. The appeal is therefore commenced with a subpoena in the same form and with the same requirements as the one in first instance. However, it is not yet necessary to state the grounds for appeal. These grounds have only to be presented in the statement of complaints with which the subpoena is followed.

Grounds for appeal are all grounds that the appellant must put forward to argue that the contested verdict of the court in first instance should be set aside. Those parts of the verdict against which no grounds have been put forward, will remain in force and will no longer be discussed on appeal. In this way, the debate on appeal and thus the legal battel is limited. It is therefore important to raise a reasoned objection to the verdict given at first instance. It is important to know in this context that a so-called general ground, which aims to bring the dispute to the full extent of the verdict, cannot and will not succeed. In other words: appeal grounds must contain a concrete objection so that it is clear to the other party in the context of the defence what the objections are exactly.

The statement of complaints follows the statement of defence. For its part, the defendant on appeal may also put forward grounds against the contested verdict and respond to the appellant’s statement of complaints. The statement of complaints and the statement of defence usually end the exchange of positions on appeal. After the written documents have been exchanged, it is in principle no longer permitted to put forward new grounds, not even in order to increase the claim. It is therefore stipulated that the judge can no longer pay attention to the grounds for appeal that have been put forward after the statement of appeal or defence. The same applies to increase of the claim. However, by way of exception, a ground is still admissible at a later stage if the other party has given its permission, the complaint arises from the nature of the dispute or a new circumstance has arisen after the written documents have been submitted.

As a starting point, the written round in the first instance is always followed up by a hearing before the court. There is an exception to this principle in the appeal: the hearing before the court is optional and therefore not common. Most cases are therefore usually settled in writing by the court. However, both parties can request the court for a hearing of their case. If a party wants a hearing before the court of appeal, the court will have to allow it, unless there are special circumstances. To this extent, the case-law on the right to plea remains.

The final step in legal proceedings in appeal is the judgment. In this judgment, the court of appeal will indicate whether the earlier verdict of the court was correct. In practice, it may take up to six months or more for parties to face the final judgment of the court of appeal. If the appellant’s grounds are upheld, the court will set aside the contested verdict and will settle the case itself. Otherwise the court of appeal will logically uphold the contested verdict.