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If you disagree with a judgment of a Dutch district court, you can appeal (hoger beroep) to a court of appeal (gerechtshof). The time limit is three months from the judgment, or four weeks in summary proceedings (Article 339 Dutch Code of Civil Procedure, DCCP). On appeal, a lawyer must represent you (Article 353(1) DCCP).
Our team of Dutch lawyers in the Netherlands advises on the options, time limits and conditions for an appeal under Dutch law. This article sets out the key points of civil appeal proceedings in the Netherlands and of an appeal in cassation to the Supreme Court.
How do you appeal a first instance judgment?
As a rule, either party can appeal a judgment given at first instance. The time limit is three months from the date of the judgment (Article 339(1) DCCP). The appeal is lodged by a writ of summons (appeldagvaarding) served on the other party; the grounds of appeal do not yet need to be stated in it (Article 343 DCCP).
There are exceptions. No appeal lies if the claim decided at first instance was not more than EUR 1,750 or, for a claim of indeterminate value, if there are clear indications that it is not worth more, unless the law provides otherwise (Article 332(1) DCCP). Nor can you appeal if the parties validly agreed to waive an appeal (Article 333) or if you have acquiesced in the judgment (Article 334). Against a default judgment (verstek), the remedy is in principle opposition (verzet), not appeal (Article 335(1) and Article 143 DCCP). Interim judgments can in principle only be appealed together with the final judgment, unless the court allows otherwise or the judgment concerns a provisional measure (Article 337 DCCP).
In summary proceedings (kort geding, proceedings for interim measures), the time limit for an appeal is four weeks (Article 339(2) DCCP). The appeal brought by the appellant is called the principal appeal (principaal hoger beroep). The respondent (geïntimeerde) can in turn lodge a cross-appeal (incidenteel hoger beroep), even after the time limit has expired and even if it had acquiesced in the judgment. The cross-appeal must be lodged in the statement of defence on appeal, on penalty of forfeiture (Article 339(3) DCCP).
What does the Dutch court of appeal review?
The scope of the appeal is determined by the grounds of appeal (grieven). The appellant sets them out in its first written submission, the statement of appeal (memorie van grieven; in the Code: conclusie van eis, Article 347(1) DCCP). The respondent replies with a statement of defence (memorie van antwoord). Parts of the judgment that no ground of appeal challenges in principle stand. Grounds of appeal and changes of claim raised later are in principle disregarded. Exceptions apply, for example if the other party unequivocally consents or if new facts have occurred or come to light only later (Supreme Court 19 June 2009, ECLI:NL:HR:2009:BI8771, paras 2.4.2-2.4.4).
Within the limits of the grounds of appeal, the court of appeal reviews both the facts and the law. Unlike the Supreme Court, it can therefore reassess the evidence. The original defendant can in principle still raise new defences on appeal (Article 348 DCCP). The court of appeal can hold an oral hearing (mondelinge behandeling) at which the parties explain their positions and answer questions (Article 87 in conjunction with Article 353(1) DCCP).
Can you still settle or mediate during an appeal?
Yes. Settlement remains possible throughout the appeal. At the oral hearing, the court of appeal may try to bring about a settlement (Article 87(2)(c) DCCP, which also applies on appeal under Article 353(1)). If the parties settle at the hearing, the court draws up an official record (proces-verbaal), signed by the court and the parties, setting out the obligations each party accepts. That record is issued in enforceable form (executoriale vorm), so it can be enforced like a judgment (Article 89(1) DCCP). Parties who settle outside the courtroom record their agreement in a settlement agreement and then usually withdraw the appeal.
If the parties cannot settle on their own, mediation may help. A mediator looks at the whole conflict, not only at the legal questions. A court of appeal can suggest mediation if it considers the case suitable. If settlement or mediation does not work, the proceedings continue and the court of appeal gives an interim judgment, for example ordering a party to provide evidence, or a final judgment (arrest). In its final judgment the court upholds (bekrachtigt) or sets aside (vernietigt) the judgment at first instance. If it sets the judgment aside, the court of appeal in principle decides the dispute itself.
An appeal suspends enforcement of the first instance judgment, unless that judgment was declared provisionally enforceable (uitvoerbaar bij voorraad) (Article 350(1) DCCP). In that case, the losing party must comply while the appeal is pending, unless the court of appeal suspends enforcement on application (Article 351 DCCP).
Can you appeal to the Dutch Supreme Court?
Yes, by an appeal in cassation (beroep in cassatie) to the Supreme Court of the Netherlands (Hoge Raad). Cassation lies against judgments given on appeal or at first and last instance, for example where no appeal was possible. It also lies against a first instance judgment given after defended proceedings if the parties later agreed to skip the appeal (Article 398 DCCP). The time limit is in principle three months from the date of the judgment (Article 402(1) DCCP). In summary proceedings it is eight weeks, twice the appeal period (Article 402(2) in conjunction with Article 339(2)). The appeal is lodged by an originating document (procesinleiding) signed by a lawyer admitted to the Supreme Court (Article 407(1) DCCP).
The Supreme Court does not reassess the facts. It is bound by the facts established in the contested judgment and only examines the grounds of cassation raised (Article 419(1) and (3) DCCP). It sets aside a judgment for breach of the law or for failure to observe essential procedural forms, such as inadequate reasoning (Article 79(1) Judiciary Organisation Act, Wet op de rechterlijke organisatie). The Supreme Court can declare an appeal inadmissible with brief reasons if the complaints clearly cannot lead to cassation or the appellant clearly has insufficient interest (Article 80a). It can also reject individual complaints with brief reasoning (Article 81).
Frequently asked questions about appeal proceedings in the Netherlands
How long do you have to appeal a Dutch judgment?
Three months from the date of the judgment; in summary proceedings (kort geding) four weeks (Article 339(1) and (2) DCCP). The writ of summons must be served on the other party within that period. A respondent can still lodge a cross-appeal later, in its statement of defence on appeal (Article 339(3)).
Can every Dutch judgment be appealed?
No. No appeal lies if the claim was not more than EUR 1,750, unless the law provides otherwise (Article 332(1) DCCP), if the parties validly waived an appeal (Article 333) or if you acquiesced in the judgment (Article 334). Against a default judgment the remedy is in principle opposition (Article 335(1)). Interim judgments can in principle only be appealed together with the final judgment, unless the court allows otherwise (Article 337(2)).
Do you have to comply with the judgment while the appeal is pending?
Only if the judgment was declared provisionally enforceable (uitvoerbaar bij voorraad). Otherwise the appeal suspends enforcement (Article 350(1) DCCP). The court of appeal can suspend enforcement of a provisionally enforceable judgment on application (Article 351).
What does an appeal to a Dutch court of appeal cost?
Each appellant and each respondent who appears pays a court fee (Article 3(1) and (3) Court Fees in Civil Cases Act, Wet griffierechten burgerlijke zaken). In 2026, a legal entity pays EUR 851 for a claim of indeterminate value or up to EUR 12,500, EUR 2,321 up to EUR 100,000, EUR 7,003 up to EUR 1,000,000 and EUR 14,007 above that (EUR 7,003 if a natural person is also a party, Article 3(6)). A natural person pays EUR 373, EUR 851 or EUR 2,192 (table annexed to the Act). The amounts can be indexed each year on 1 January (Article 2). Lawyer’s fees come on top. The losing party is in principle ordered to pay the costs of the proceedings (Article 237(1) DCCP); in practice the court awards a fixed amount for lawyer’s fees, which is usually lower than the actual costs.
Can you go to the Supreme Court after the court of appeal?
Yes, by an appeal in cassation, in principle within three months of the judgment (Articles 398 and 402(1) DCCP). The Supreme Court only reviews points of law and the reasoning; it is bound by the facts established by the court of appeal (Article 419(3)). You need a lawyer admitted to the Supreme Court (Article 407).
Primary sources
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, current text in force since 14 July 2026): Articles 87, 89, 143, 237, 332, 333, 334, 335, 337, 339, 343, 347, 348, 350, 351, 353, 398, 402, 407 and 419
- Judiciary Organisation Act (Wet op de rechterlijke organisatie): Articles 79, 80a and 81
- Court Fees in Civil Cases Act (Wet griffierechten burgerlijke zaken): Article 2, Article 3 and the 2026 table
- Supreme Court 19 June 2009, ECLI:NL:HR:2009:BI8771 (two-conclusion rule)
Do you need a lawyer for an appeal in the Netherlands?
Yes. Before a Dutch court of appeal, parties can only litigate through a lawyer (advocaat) (Article 353(1) DCCP). In cassation, the lawyer must be admitted to the Supreme Court (Article 407). Would you like advice from a lawyer specialising in appeal proceedings in the Netherlands, or do you have another question about litigation in the Netherlands? Please contact Remko Roosjen or one of our other Dutch lawyers in Amsterdam. We will be happy to advise you.
