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Court of Cassation

Court of Cassation

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As a final step in the Belgian judicial procedure, parties may bring the case (within 3 months after the judgement of the Court of Appeal has been served) to the Court of Cassation, which will not rule on the substance of the case, but rather on compatibility of the earlier judgement with law and/or formal procedural requirements.

 

Court of Cassation

A final step in the Belgian judicial phase, is the appeal against the judgement of the Court of Appeal, brought before the Court of Cassation (“Hof van Cassatie” / “Cour de Cassation”). Such appeal should be filed within a timeframe of 3 months after the judgement of the Court of Appeal has been served by bailiff. This appeal again suspends the earlier (contested) judgement.

The procedure before the Court of Cassation has its own, specific rules, and it does not decide on the substance of the case, but rather on the grounds of error of law or failure to comply with formal procedural requirements.

When the Court of Cassation rejects the application of the appeal, the judgement of the Court of Appeal becomes irrevocable. If the Court of Cassation rules in favour of the applicant, the judgement of the Court of Appeal is reversed and the case is remanded to another Court of Appeal.

 
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