‘Game over’ in appeal in petition proceedings

The procedural law is a skill in itself. If you don't apply the rules correctly, it can have serious consequences. In this blog, we'll discuss appeal in the application procedure on the agenda. One of the particularities of this is what is stipulated in Article 359 of the Code of Civil Procedure (regarding the appeal) and the link between that provision and Article 278 of the Code of Civil Procedure (which sets out the requirements for the petition).

Appeal must contain the grounds for appeal

It follows from these articles that the appeal must contain a clear description of the request and the grounds for the appeal. Article 359 of the Code of Civil Procedure refers to Article 278 of the Code of Civil Procedure, which states that the petition must contain “a clear description of the request and the grounds on which it is based” must contain. The requirement that the appeal must contain the grounds means that it must be stated against which disposition an appeal is lodged and what objections exist against it.

Difference with appeal in summons proceedings

That is an important difference with the subpoena proceedings. In the event of an appeal in a summons procedure, you may file a subpoena file an appeal and the Court of Appeal will then give you a deadline for submitting a statement of grievances. This is not the case in petition proceedings. You cannot lodge a ‘pro forma’ appeal and submit the grounds later. You must do this immediately when filing the appeal.

Appeal without stating grounds for appeal leads to inadmissibility

If the lawyer fails to include the grounds for appeal (also referred to as ‘grievances’) in the notice of appeal, this will result in inadmissibility. Such an error cannot be remedied. This was decided by the Supreme Court in its judgment of June 30, 2023 (ECLI:NL:HR:2023:997):

“Failure to include the grounds on which the appeal is based in an appeal is not subject to rectification.”

Only if the appeal does state the grounds for appeal but has been submitted to the wrong Court of Appeal will the appeal be considered timely:

“However, in the event that a petition setting out the grounds for the appeal is defective because it has been filed with the registry of the wrong court, it is accepted that it shall be deemed to have been filed at the time of its receipt by the wrong court.”

Inadmissible means ‘game over’ in procedural law.’

A party that appeals against a decision in petition proceedings but ‘forgets’ to state the grounds for doing so will therefore be declared inadmissible. This effectively means that it is ‘game over’ for that party. The appeal will fail, and the decision will become final.

Litigation lawyer for filing appeals

There are many pitfalls involved in litigation. One of these is discussed in this blog, namely that when appealing against decisions, you must immediately state your grievances. This is important for all judgments in petition proceedings.