Appeal also possible for (only) changing request/claim

Appeals are usually lodged by parties who have been unsuccessful in whole or in part. In its judgment of 28 June 2024 (ECLI:NL:HR:2024:968), the Supreme Court ruled that an appeal can also be lodged for merely amending a request or claim. This therefore also applies to parties whose application or claim was granted in full at first instance.

The present proceedings involve a petition on a family dispute. The parties are referred to as the mother and the father.

Court and court of appeal

During the oral hearing at the court, the mother and father reach a settlement. The court grants both parties’ amended requests accordingly.

The mother (the appellant) – whose application, after amendment, was thus granted in full – appeals, (re)amending her application to her original application.

Declaring the mother inadmissible, the court considered as follows (freely translated).

As a basic principle, the party whose application has been granted by the court at first instance has no interest in an appeal and the remedy of appeal is not there to provide an opportunity in such a case to overturn the order granting the application.

Supreme Court

The mother then appealed in cassation, complaining that the court wrongly declared her inadmissible. The Supreme Court agrees and considers as follows (freely translated).

3.2 (…) Even if a party’s application or claim was granted at first instance, that party may have an interest in bringing an appeal; indeed, an appeal may also serve only to amend or increase the application or claim.2 Accordingly, the mother was free to request on appeal that a care arrangement be established in accordance with her preliminary application, irrespective of whether she had amended that application at the hearing at first instance to reflect the agreement reached there.

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If you have questions about conducting, preparing or just avoiding proceedings, contact us. We have extensive experience in conducting proceedings, both at first instance and on appeal. Wieringa Advocaten is happy to assist you.

Appeal also possible for (only) changing request/claim