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Appeal is the formal process of asking a higher court or authority to review a decision. In Modave, which is in the judicial district of Liège, appeals from local courts generally go to the courts based in Huy or Liège depending on the type of case. Civil and criminal judgments from first instance courts are typically reviewed by the Court of Appeal of Liège, while employment and social security cases go to the Labour Court of Appeal of Liège. Some decisions of administrative authorities are challenged through administrative appeal within the authority itself, and then by judicial review before the Council of State in Brussels.
Appeal is not a new case started from scratch, but in Belgium the appellate court commonly re-examines both facts and law. Strict time limits, formal filings, and cost rules apply. Because Modave is in the French speaking part of Belgium, proceedings will usually be conducted in French.
Appeals are technical and deadline driven. A lawyer evaluates whether the decision is appealable, calculates the correct time limit, and drafts the grounds of appeal that will actually be examined by the higher court. Many people seek help when they believe the first judge misapplied the law, misunderstood key facts, excluded important evidence, or awarded damages that are too high or too low.
You may also need a lawyer to manage urgent issues such as preventing or limiting enforcement while the appeal is pending, to introduce additional evidence that could not be produced earlier, to negotiate a settlement during the appeal, or to assess whether an administrative appeal or a judicial review is the correct path. In criminal cases, a lawyer safeguards your rights during a fast moving timetable. In labour and commercial disputes, counsel can advise on strategy, financial exposure, and the chances of success at the appellate level.
Courts and jurisdiction in and around Modave include the Justice of the Peace for minor civil matters, the Police Court for traffic and minor criminal cases, the Tribunal de première instance de Liège - division Huy for general civil and criminal cases, the Tribunal de l entreprise de Liège for business disputes, and the Tribunal du travail de Liège - division Huy for employment and social security disputes. Appeals from these bodies usually go to the Court of Appeal of Liège or the Labour Court of Appeal of Liège. Administrative decisions by the commune or the Walloon Region can be subject to internal administrative appeal and then to the Council of State.
Time limits are short. Civil appeals are most often due within one month from service or official notification of the judgment. Criminal appeals have very short limits, frequently 15 days from pronouncement or service. Administrative judicial review before the Council of State must generally be filed within 60 days of notification or publication. Some special laws set different periods, so you should always verify the exact deadline stated in or with the decision.
Scope of review permits the appellate court to re-examine facts and law. You may usually submit new evidence that could not reasonably be produced earlier, but brand new claims are restricted. If you missed the first hearing and a default judgment was entered, the correct remedy can be opposition before the same court rather than an appeal.
Enforcement and suspension follow modern Belgian rules that make first instance judgments provisionally enforceable in most cases. Filing an appeal does not automatically stop enforcement. You may request a stay or protective measures if conditions are met, and the appellate court can grant relief in urgent or justified circumstances.
Costs include court registry fees, bailiff service fees for serving documents, and a procedural indemnity that the losing party typically pays as a contribution toward the winning party s legal fees. The indemnity is set by scale according to the value of the dispute. Legal aid is available for qualifying individuals through the Bureau d Aide Juridique.
Language of proceedings in Modave and Huy is French. Interpreting can be arranged in criminal matters and in some civil contexts, but the language of the case normally remains French. Filings and evidence should match the language rules to avoid delays or refusals.
Civil and criminal appeals from first instance courts in the Huy area typically go to the Court of Appeal of Liège. Employment and social security appeals go to the Labour Court of Appeal of Liège. Appeals from the Justice of the Peace or the Police Court may first go to the Tribunal de première instance de Liège - division Huy, depending on the subject. Administrative judicial review is handled by the Council of State.
In most civil cases you have one month from the date the judgment is served by a bailiff or officially notified. Different rules can apply to default judgments, summary proceedings, and specific statutes. Always check the wording on the last page of the judgment and consult a lawyer quickly.
Generally no. Under current Belgian rules, first instance judgments are provisionally enforceable unless the judge decided otherwise. You can request a stay or ask the appellate court for protective measures, but this requires specific arguments and is not automatic.
Often yes, especially if the evidence could not reasonably have been produced earlier. New claims are limited, and late production can be refused if it causes unfair delay. Your lawyer will assess what can be added and how to frame it.
There will be a court registry fee to file the appeal, bailiff fees for service, and legal fees. The losing party usually pays a procedural indemnity according to a statutory scale, which covers part of the winner s legal costs. The total budget depends on the case type, value, and complexity.
Representation is strongly recommended and may be mandatory in many appellate courts. A lawyer ensures the appeal is admissible, filed on time, and argued on the correct legal grounds, and can seek interim relief if needed.
Timeframes vary widely. Many civil and commercial appeals take several months to more than a year. Criminal and labour appeals may be faster, but this depends on the court s schedule and the complexity of the case. Settlements or mediation can shorten the process.
Many planning and environmental matters in Wallonia have an internal administrative appeal to the regional authority. After that, or if only judicial review is available, you can challenge the decision before the Council of State within 60 days. Deadlines and procedures are strict, so get advice quickly.
The court reviews the written submissions and hears oral argument on the stated grounds of appeal. Witnesses are uncommon but additional documents can be discussed if allowed. The court can confirm, modify, or overturn the earlier decision, and may refer certain issues back to a lower court if necessary.
If the decision was by default, the correct remedy is often opposition before the same court rather than an appeal. Opposition deadlines are short, typically one month from service. If the decision was contradictory, appeal may be the right path. A lawyer can check the judgment type and guide you.
Court of Appeal of Liège.
Labour Court of Appeal of Liège.
Tribunal de première instance de Liège - division Huy.
Tribunal du travail de Liège - division Huy.
Tribunal de l entreprise de Liège.
Justice of the Peace - Canton of Huy.
Police Court of Huy.
Barreau de Liège - Huy.
Bureau d Aide Juridique de Huy.
Maisons de justice - Huy.
Conseil d Etat.
Service public de Wallonie - Aménagement du territoire et Urbanisme.
Service public fédéral Justice.
First, read the last page of your decision for the appeal instructions and the stated time limit. Note the date of pronouncement and the date of service or notification, because the deadline usually runs from one of these events.
Second, gather the full case file. This includes the judgment, all pleadings, evidence, exhibits, correspondence, and proof of notifications and service. Create a clear timeline of facts and a list of what the first court accepted or rejected.
Third, consult a local lawyer admitted to the Barreau de Liège - Huy. Ask for an initial assessment of admissibility, deadlines, chances on the merits, costs, and strategy including whether to seek a stay of enforcement.
Fourth, discuss funding. Request a written estimate of fees and costs, ask about the procedural indemnity risk, and check your eligibility for legal aid through the Bureau d Aide Juridique de Huy or coverage under any legal expenses insurance.
Fifth, decide quickly. Many appeal windows are one month or less. Your lawyer will draft and file the notice of appeal, arrange service by a bailiff if required, and plan the written submissions schedule.
Finally, consider settlement or mediation in parallel. Many appeals settle when parties reassess risks. If a settlement is reached, your lawyer will document it properly and take the necessary procedural steps to end the appeal.
This guide is informational. Because appeals are technical and time sensitive, seek tailored legal advice as soon as you receive a decision you may wish to challenge.
