Proceedings before the Court of Cassation differ in many respects from proceedings on the merits. The competence of the Court of Cassation is limited: the Court can only rule on the legality of a judicial decision. The facts are not re-examined. Only if the contested judgment or ruling is unlawful will the Court of Cassation annul it and refer the case to another court.

Anyone appealing to the Court of Cassation must indicate precisely which legal provisions have been violated. Except in criminal cases, the Court of Cassation does not raise illegalities of its own accord. Partly for this reason, a cassation opinion is first issued. In this opinion, the ruling is thoroughly analysed and it is examined whether an appeal in cassation can be lodged.

The defendant in cassation proceedings may refute the pleas submitted in a response. This also requires the intervention of a lawyer at the Court of Cassation.

Are you confronted with a negative judgement that qualifies for an appeal in cassation or with a cassation appeal against a judgement or ruling that is favourable for you? In either case, we will be happy to use our expertise to look after your interests.