International Law

THE SUPREME COURT OF THE KINGDOM OF THE NETHERLANDS IN CIVIL PROCEEDINGS

By Karel.Frielink

It serves the whole Kingdom

The Kingdom of the Netherlands is comprised of three separate jurisdictions, the Netherlands (i.e.: the part of the Kingdom located in North Western Europe), the Netherlands Antilles and Aruba. The Netherlands Antilles and Aruba have their own code of civil procedure, which in certain respects is similar, but not identical to the Dutch Code of Civil Procedure. The Supreme Court of the Netherlands also serves as the Supreme Court of the Netherlands Antilles and Aruba.

The Netherlands Antilles and Aruba have courts in the first instance (?Gerecht in Eerste Aanleg?) and a joint court of appeal (?Gemeenschappelijk Hof?). Generally speaking, parties may file an appeal in cassation against a judgment of the latter court.

The possibility of filing an appeal in cassation with the Supreme Court of the Netherlands is provided by article 1(1) of the Cassation Regulation for the Netherlands Antilles and Aruba (?Cassatieregeling voor de Nederlandse Antillen en Aruba?), which is based on Article 23 of the Charter of the Kingdom (?Statuut van het Koninkrijk?) and has the status of a Kingdom Act (?Rijkswet?).

Pursuant to the same provision, the provisions of Dutch law concerning cassation proceedings in respect of Dutch judgments shall apply in respect of cassation proceedings concerning a judgment rendered by a court of the Netherlands Antilles. Article 4 of the regulation provides that the term for filing a cassation appeal is three months, counted from the date of the judgment.

In contrast with the review undertaken by a court of appeals, a review by the Supreme Court is not a full review, but is limited to verifying that the court whose judgment is under review has not breached  Dutch, Aruban or Antilles laws, as the case may be, and that there have been no defects in the proceedings resulting in the judgment (Article 79 of the Dutch Act on the Organization of the Judiciary (?Wet op de Rechterlijke Organisatie?)).

Karel Frielink
Attorney (Lawyer) / Partner

Full post as published by Karel's Legal Blog on April 15, 2008 (boomark / email).