Do you disagree with a court ruling? Then in many cases you can appeal at the court. On appeal, a higher judge reviews the case again, and the court’s verdict can be annulled or changed.
In this article, we explain when an appeal is possible, how the procedure works, what the costs are, and what you should pay attention to.
What is an appeal?
An appeal is a legal remedy whereby you have a court judgment reviewed by the court. This means that a higher judge:
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looks at the facts and the law again,
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assesses the arguments of both parties,
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and makes a new verdict.
👉 The court can confirm, amend or annul the verdict.
When can you appeal?
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For almost all final judgments of the court.
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Also against some interim decisions appeal is possible.
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Not at district court cases with an interest below € 1,750 (then the verdict is final).
Deadline for appeal
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Mostly: 3 months after the court’s ruling.
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In case of summary proceedings: 4 weeks.
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In case of a default judgment: first opposition (not direct appeal).
If you are late, the verdict becomes final and you can’t do anything anymore.
How does the appeal procedure work?
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Summons to appeal
Your lawyer has a summons to appeal served on the other party by the bailiff. -
Submitting grievances
These are the objections (complaints) against the court’s judgment. Here, your lawyer explains why the verdict is incorrect. -
Defense of the other party
The other party can respond to your grievances. -
Pleading or hearing
Sometimes a hearing takes place where both parties explain their positions. -
Court of Appeal judgment
The court makes a new verdict: confirmation, amendment or annulment of the previous verdict.
What does an appeal cost?
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Registry fees: costs for the court, depending on the amount of the claim.
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Lawyer’s fees: you always need a lawyer in an appeal.
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Court costs: the loser often pays (part of) the costs of the other party.
👉 Sometimes a legal aid insurance covers the costs.
What are the chances in an appeal?
The chance of success depends on:
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the quality of your grievances (objectives),
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the evidence you can provide,
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whether the court made mistakes in the assessment.
In many cases, rulings on appeal are (partially) changed.
Examples from practice
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Example 1 (labour case): An employee got only severance pay at the court. In the appeal, the court also granted fair compensation for serious culpable conduct by the employer.
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Example 2 (rent case): A tenant had to evacuate according to the court. The court reversed this judgment, because the landlord had insufficient reason to terminate.
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Example 3 (collections): A businessman was sentenced to pay € 50,000. On appeal, it was demonstrated that the agreement had never been legally entered into. The court dismissed the claim entirely.
Checklist for appeal
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📄 Check if an appeal is possible (not in all cases).
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⏳ Pay attention to the appeal deadline (usually 3 months).
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⚖️ Consult a lawyer: mandatory in appeal.
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📑 Formulate clear grievances against the judgment.
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💶 Take into account court fees and lawyer fees.
Common mistakes
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Appealing too late, making the judgment final.
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Trying to appeal without a lawyer (not possible).
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Underestimating that an appeal is a complete new evaluation.
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Not formulating clear grievances.
Frequently asked questions (FAQ)
1. Do I always have the right to appeal?
No, in small district court cases (under € 1,750) no appeal is possible.
2. How much time do I have to appeal?
Usually 3 months, sometimes shorter (eg 4 weeks for summary proceedings).
3. Can I bring up new arguments on appeal?
Yes, the court looks at the case again, but you must formulate your grievances clearly.
4. Do I need a lawyer for the appeal?
Yes, a lawyer is required at the court.
5. What does an appeal cost?
In addition to lawyer fees, you pay registry fees. Sometimes you can get a refund if you win.
Why Arslan Lawyers?
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Specialized in appeals in courts
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Experienced in formulating strong grievances
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Strategic advice: only appeal if chance of success is high
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Regularly successful in overturning or modifying judgments
Conclusion
Appeal gives you the chance to have an unfavorable verdict reviewed. But the deadlines are short and the rules are strict. With the help of an experienced lawyer, you significantly increase your chance of success.
