Cassation proceedings and preliminary reference procedures before the Supreme Court require legal acumen and creativity. In cassation, the Supreme Court only reviews whether the law has been applied correctly and whether the required formalities have been observed. In preliminary reference procedures, the Supreme Court answers legal questions referred by district courts and courts of appeal. Preliminary reference procedures have become an important instrument for the development of the law. Both cassation proceedings as well as preliminary reference procedures can only be conducted by specialised advocates admitted to the Civil Cassation Bar.

We can:

advise on the prospects of cassation
provide a second opinion on a previous cassation advice
act as counsel in cassation proceedings
conduct a preliminary reference procedure and advise at the stage of formulating the questions to be referred in the proceedings before the district courts and courts of appeal
monitor appeal proceedings with a view to a potential cassation

Our experience

We have conducted numerous cassation proceedings and preliminary reference procedures before the Supreme Court for clients from various sectors, including in the fields of liability law, contract law, insurance law, private international law, civil procedural law, collective action law, consumer law, EU law, corporate law and financial reporting law. Several of these proceedings have led to landmark decisions from the Supreme Court with consequences for large numbers of parties.