Judgments and decisions rendered in the last instance, i.e. usually on appeal, can in most cases still be appealed in cassation. An appeal in cassation does not lead to a complete reopening of the case, but only to the Court of Cassation examining whether the judge applied the law correctly. Contrary to what is often claimed, this cassation review does not only concern procedural aspects, but also the correct interpretation and application of the law. Only the facts are not re-examined.
A cassation appeal is an exceptional remedy and a very technical matter. Therefore, in matters other than criminal law and tax law, it can only be instituted by a specialised lawyer who is a member of the Bar Association of the Court of Cassation. The latter will initially give an opinion on the possibility of an appeal in cassation and on its chances of success. As a rule, a decision to appeal in cassation is taken only on the basis of a positive opinion.
If the appeal in cassation succeeds, the Court of Cassation overturns the contested judgment or ruling and, as a rule, sends the case to another court of law of the same level as the one whose decision was overturned.
One of the twenty lawyers at the Court of Cassation is attached to our firm: Willy van Eeckhoutte, who, with a team of lawyers specialised in cassation cases, can advise and assist you in the matters indicated above. They do so both in social law and civil or commercial law cases.