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Appeal is the formal process of asking a higher court or authority to review a decision made at first instance. Residents and businesses in Woluwe-Saint-Pierre - Sint-Pieters-Woluwe fall within the Brussels judicial district, where appeals are governed by Belgian law and, for administrative matters, by the Brussels-Capital Region framework. In civil and criminal cases, appeals usually move from first instance courts to the Brussels Court of Appeal, or to the Brussels Labor Court of Appeal for social and employment matters. Administrative appeals often involve internal review by the relevant authority and, if necessary, proceedings before the Council of State. Appeals are subject to strict deadlines, language rules specific to the Brussels region, and procedural requirements that can significantly affect outcomes.
You may need a lawyer if you believe a first instance judgment contains legal or factual errors. Common situations include family law disputes such as divorce, parental authority, and maintenance, tenancy and real estate matters such as eviction orders and co-ownership disputes, consumer and contract issues such as defective goods or unpaid invoices, personal injury and insurance claims, employment and social security disputes such as dismissal, discrimination, and benefit decisions, criminal convictions and sentencing in police or correctional matters, commercial disputes involving companies, insolvency issues, or intellectual property, and administrative decisions such as urban planning, municipal sanctions, or professional licensing. A lawyer will help assess appeal viability, calculate deadlines, draft the notice and pleadings, navigate Brussels language rules, compile evidence, represent you in hearings, and negotiate settlements or mediation when appropriate.
Courts and appeal routes. Local civil matters may start at the Justice of the Peace or the Tribunal of First Instance. Criminal cases can be heard by the Police Tribunal or the Criminal Court of the Tribunal of First Instance. Employment and social security matters are heard by the Labor Court, and business disputes by the Enterprise Court. Appeals from the Justice of the Peace and the Tribunal of First Instance generally go to the Brussels Court of Appeal. Labor Court decisions go to the Brussels Labor Court of Appeal. Enterprise Court decisions go to the Brussels Court of Appeal. After appeal, a further review on points of law may be sought before the Court of Cassation, which does not re-examine facts.
Deadlines. Time limits are short and strict. In many civil and social cases you generally have one month from service of the judgment by a bailiff to file an appeal. In many criminal cases, the appeal period is much shorter and can be around 15 days from pronouncement or service, depending on the situation. Special rules apply to default judgments, cross-appeals, and parties domiciled abroad. Always verify the specific deadline on the judgment and with a lawyer.
Filing and procedure. An appeal is lodged by filing a declaration at the court registry and serving the other party via a bailiff when required. The case then follows a schedule for written submissions and evidence, culminating in a hearing and a new judgment. The appeal has a devolutive effect, which means the higher court re-examines the case within the limits of the grievances raised. New evidence can sometimes be admitted, but new claims are restricted.
Enforcement pending appeal. Since most first instance judgments are provisionally enforceable by law, filing an appeal does not automatically suspend enforcement. You can request a stay of enforcement for serious reasons, but this is discretionary.
Language in Brussels. Woluwe-Saint-Pierre - Sint-Pieters-Woluwe is in a bilingual district. Proceedings can be in French or Dutch according to specific language rules. In many cases, the language used at first instance guides the language on appeal, though parties can request a change in legally defined circumstances. Translations may be needed for evidence, and language choices can affect timing and cost.
Costs and fee shifting. Appeal costs include registry fees, bailiff fees for service, expert or translation fees, and legal fees. Belgium applies a fixed procedural indemnity regime, meaning the losing party pays a standard contribution to the winning party’s legal costs based on scales, not necessarily the full attorney fees.
Legal aid and mediation. Eligible individuals can obtain partially or fully subsidized legal aid through the Brussels legal aid system. Courts encourage mediation and negotiated settlements at all stages, including on appeal, especially in family, commercial, and neighborhood disputes.
It depends on the first instance court. Appeals from the Justice of the Peace and the Tribunal of First Instance go to the Brussels Court of Appeal. Appeals from the Labor Court go to the Brussels Labor Court of Appeal. Appeals from the Enterprise Court go to the Brussels Court of Appeal. Administrative appeals generally go to the competent administrative body first, with possible judicial review before the Council of State.
In many civil and social matters, the time limit is typically one month from service of the judgment by a bailiff. In criminal matters, the deadline is often much shorter and can be around 15 days. Confirm the exact deadline on your judgment and consult a lawyer immediately, as missing it usually ends your right to appeal.
Usually no. Most first instance judgments are provisionally enforceable. You can ask the appeal court to suspend enforcement for serious reasons, but suspension is not automatic and is granted only in specific circumstances.
Often yes, but within limits. The appeal court re-examines the case within the scope of the grievances. New evidence that could not reasonably have been produced earlier, or that responds to the other party’s arguments, may be accepted. New claims are generally restricted.
Representation by a lawyer is strongly recommended and is required in many appeal proceedings. In labor matters, representation by a lawyer or certain authorized representatives may be possible. Given the complexity of deadlines, language rules, and procedural strategy, legal counsel is highly advisable.
Costs include registry fees, bailiff service, potential expert or translation fees, and attorney fees. Belgium uses a fixed procedural indemnity scale for fee shifting, so the losing party may owe a standard contribution to the winner’s costs. Ask your lawyer for a written estimate and discuss the risk of adverse costs.
Proceedings in Brussels can be in French or Dutch under specific language rules. The language at first instance often determines the language on appeal, though requests for a language change are possible in defined cases. If documents are in another language, certified translations may be required.
Opposition is a remedy against a default judgment, allowing the same court to re-hear the case because you were not present or represented. Appeal asks a higher court to review a judgment on the merits. The remedies have different deadlines and requirements.
Timeframes vary with court workload, complexity, language issues, and whether expert reports are needed. Many appeals in Brussels take several months to more than a year. Your lawyer can give a more precise estimate for your type of case.
Often yes. Many administrative decisions, such as planning permits or fines, have internal administrative appeal routes with short deadlines. Judicial review before the Council of State may be available afterward. Check the decision letter for remedies and consult a lawyer promptly.
Brussels Court of Appeal - Cour d’appel de Bruxelles - Hof van beroep te Brussel, Brussels Labor Court of Appeal - Cour du travail de Bruxelles - Arbeidshof te Brussel, Brussels Tribunal of First Instance - Tribunal de premiere instance de Bruxelles - Rechtbank van eerste aanleg te Brussel, Brussels Enterprise Court - Tribunal de l’entreprise de Bruxelles - Ondernemingsrechtbank te Brussel, Brussels Labor Court - Tribunal du travail de Bruxelles - Arbeidsrechtbank te Brussel, Police Tribunal of Brussels - Tribunal de police - Politierechtbank, Justice of the Peace for Woluwe-Saint-Pierre - Sint-Pieters-Woluwe and surrounding cantons, Court of Cassation - Cour de cassation - Hof van Cassatie, Council of State - Conseil d’Etat - Raad van State, Brussels Bar - Ordre francophone du Barreau de Bruxelles - Nederlandse Orde van Advocaten bij de Balie te Brussel, Brussels Legal Aid Bureaus - Bureau d’Aide Juridique - Bureau voor Juridische Bijstand, Federal Mediation Commission - Commission federale de mediation - Federale Bemiddelingscommissie, Federal Public Service Justice - Service public federal Justice - Federale Overheidsdienst Justitie.
Act quickly to protect your rights. Read your judgment carefully and note the appeal deadline, which is often printed at the end. Gather all relevant documents, evidence, and correspondence, including the judgment, writs, contracts, emails, photos, and expert reports. Consult a lawyer who practices appeals in Brussels and who is familiar with the bilingual regime. Ask for an initial assessment of prospects, deadlines, and costs. Discuss the language of proceedings and any need for translations. Consider mediation or settlement options, which can run in parallel with the appeal and may save time and cost. If you qualify, contact the Brussels legal aid services to request partially or fully subsidized assistance. Once instructed, your lawyer will draft and file the appeal, ensure timely service, manage written submissions, and represent you at hearings. Keep track of scheduling orders and comply with filing calendars, as missing procedural deadlines can jeopardize your case. This guide provides general information and is not legal advice. For tailored guidance, consult a qualified lawyer without delay.
