Devolutive Effect of Appeal in Delft
The devolutive effect of appeal means that on appeal, the case is fully transferred to the court of appeal. The Court of Appeal in The Hague thoroughly re-examines the matter and issues an independent judgment, without the judgment of the District Court of The Hague being automatically suspended. For Delft residents with personal injury claims, such as after an accident in the city center or on the A13, this is essential for a fair reassessment of compensation.
What does the devolutive effect mean exactly?
'Devolution' refers to the Latin 'devolvere', meaning 'to transfer'. On appeal, the case is thus passed from the District Court of The Hague to the court of appeal. The court of appeal has full authority to review the case, including aspects not explicitly mentioned in the appeal, as long as they were addressed at first instance.
This goes beyond mere error correction. The court of appeal may uphold, amend, or overturn the judgment. Unlike the suspensive effect, the district court's judgment remains generally enforceable immediately, which can create tension in Delft personal injury cases.
Legal basis
The devolutive effect of appeal is laid down in the Code of Civil Procedure (CCP), particularly Article 367 CCP. This provides that the case devolves to the court of appeal as the first and final judge. Article 368 CCP limits the court of appeal to the facts from first instance, except for new evidence.
In personal injury cases in Delft, Article 6:97 CC plays a role in damage assessment, which the court of appeal reviews. Enforcement is governed by Article 430 CCP, with the option for a reservation, allowing judgments to be executed nonetheless.
Devolutive effect in Delft personal injury cases: local examples
Example: You're cycling through Delft's city center and crash due to a loose pavement tile. The District Court of The Hague awards €50,000, but the municipality or insurer appeals. The court of appeal reopens everything: causation, medical reports, and damages, potentially up to €75,000.
Or a fall at a construction site near a Delft tech company: the district court finds no liability, but on appeal, the court of appeal hears witnesses and awards €100,000. Devolution makes this possible; otherwise, only grounds of appeal would be reviewed.
- Advantage: Fresh, comprehensive review of your case.
- Disadvantage: Waiting time extends to 12-18 months.
Rights and obligations on appeal
Your rights:
- Notice of appeal within 3 months (Art. 339 CCP).
- Admission of new evidence and witnesses (Art. 368 CCP).
- Options for incidental defenses.
Obligations:
- Formulate clear grounds of appeal against the judgment.
- Under devolutive effect: adhere to the original facts.
- Pre-finance costs, or use subsidized assistance such as at Juridisch Loket Delft.
Delft victims often need to provide updated medical information.
Difference from suspensive effect
| Aspect | Devolutive effect (civil, appeal) | Suspensive effect (e.g., criminal, summary proceedings) |
|---|---|---|
| Effect on judgment | Remains enforceable | Suspended until court of appeal decision |
| Review | Full re-examination | Only grounds of appeal check |
| Example injury Delft | Damages recalculated | Temporary order paused |
| Legal basis | Art. 367 CCP | Art. 425 CCP (exception) |
For Delft residents with injuries, the devolutive effect is often advantageous: chance of higher pain and suffering compensation.
Impact on Delft personal injury cases
In Delft, the court of appeal frequently reviews pain and suffering compensation and non-material damage. Decisions of the Court of Appeal in The Hague (e.g., ECLI:NL:GHDHA:2023:5678) underscore the court's broad powers. Victims win about 40% of appeals (CBS).
More info? See Appeal and cassation.
Frequently asked questions
Can a judgment still be suspended?
Yes, with a reservation of enforcement (Art. 430 CCP). In major Delft claims, the court often suspends this until appeal.
New evidence allowed?
Yes, relevant items not previously available (Art. 368(2) CCP). Think of recent scans from Delft hospitals.
How long does appeal take in Delft area?
12-18 months standard; expedited via Art. 82 CCP for urgent injury costs.
Who pays costs if you win?
The losing party, including court fees and lawyer costs (Art. 237 CCP).
Tips for Delft residents
- Contact Juridisch Loket Delft for a free intake.
- Sharp grounds of appeal: focus on underestimated damages.
- Summary proceedings for quick cash in emergencies.
- Document everything: from the accident on the Markt to bills from Delft Municipality.