What are the steps to file a higher appeal (hoger beroep) against a Dutch court decision, and what is the deadline?

In the Netherlands, an appeal against a district court (rechtbank) judgment in a civil case must generally be lodged within three months from the date of the judgment, unless a shorter statutory period applies. Missing this deadline will usually render the judgment final.

An appeal is initiated by filing a notice of appeal (appeldagvaarding), followed by written submissions in which the grounds for appeal are set out. These grounds must specifically address why and on what legal or factual basis the district court’s decision should be overturned or amended. Simply restating the arguments from the first instance is usually insufficient.

The key documents typically required include:
- The district court judgment;
- The notice of appeal;
- Written pleadings setting out the grounds of appeal (memorie van grieven);
- Relevant exhibits and procedural documents from the first instance.

In civil appeal proceedings before a Dutch Court of Appeal (gerechtshof), representation by a Dutch-qualified attorney (advocaat) is mandatory. Parties cannot conduct the appeal proceedings themselves.

As a general rule, filing an appeal does not automatically suspend the enforceability of the judgment. However, it is possible to request a stay of enforcement (schorsing van de tenuitvoerlegging) in summary proceedings or, in certain cases, within the appeal itself, if there are compelling reasons to do so.

If you would like, we can assess your specific situation, verify the applicable appeal deadline.

Regards,
Tom Meevis
Attorney-at-law at Law & More Advocaten