Devolutive Effect of Appeal in Tilburg
The devolutive effect of appeal means that a case is fully transferred to the court of appeal upon appeal. For residents of Tilburg, the Court of Appeal 's-Hertogenbosch re-examines the case and issues its own judgment, without the judgment of the District Court Zeeland-West-Brabant in Breda being automatically suspended. This plays a major role in personal injury cases, where victims from Tilburg seek quick certainty about their compensation.
What does the devolutive effect mean?
'Devolution' derives from the Latin 'devolvere', meaning 'to transfer'. On appeal, the entire case from the District Court Zeeland-West-Brabant (Breda location) is shifted to the court of appeal. The court of appeal has full authority to decide, including on aspects not explicitly mentioned in the appeal, as long as they were addressed in the first instance.
It is not a mere correction of the judgment: the court of appeal may uphold, amend, or overturn it. Unlike the suspensive effect, the Breda judgment remains enforceable during the proceedings as a general rule.
Legal basis
The devolutive effect of appeal is laid down in the Code of Civil Procedure (Rv), particularly Article 367 Rv. This provides that the case devolves to the court of appeal, which acts as the first and final judge. Article 368 Rv limits the court of appeal to the facts from the first instance, except for new evidence.
For personal injury in Tilburg, Article 6:97 CC is key for damage assessment, which the court of appeal reviews. For enforcement, Article 430 Rv applies, allowing execution to proceed despite devolution.
Devolutive effect in Tilburg personal injury practice
Example: you are driving on Ringbaan-Zuid in Tilburg and have an accident. The District Court in Breda awards €50,000, but the insurer appeals. Due to devolution, the Court of Appeal 's-Hertogenbosch reviews everything: causation, medical records, and damages, potentially up to €75,000.
Or a workplace accident in a Tilburg workshop: the district court finds the employer not liable. On appeal, the court of appeal hears new witnesses and reverses it – €100,000 payout. Without devolution, it would have been limited to checking the grounds of appeal.
- Advantage: Thorough review.
- Disadvantage: Longer duration (12-18 months).
Rights and obligations on appeal
Rights:
- Notice of appeal within 3 months (art. 339 Rv).
- Admission of new documents and witnesses (art. 368 Rv).
- Cross-appeal possible.
Obligations:
- Specify grounds of appeal against the judgment precisely.
- No new facts outside the first instance under devolution.
- Pre-finance costs, or via legal aid (inquire at Juridisch Loket Tilburg).
Tilburg victims often need to provide up-to-date medical information.
Difference from suspensive effect
| Aspect | Devolutive effect (civil appeal) | Suspensive effect (criminal, summary proceedings) |
|---|---|---|
| Effect on judgment | Remains enforceable | Suspended until court of appeal decision |
| Review | Full re-examination | Only checks grounds of appeal |
| Tilburg injury example | Damages recalculated | Preliminary order suspended |
| Law | Art. 367 Rv | Art. 425 Rv (exception) |
For Tilburg residents, devolution is ideal in injury cases: chance for higher pain and suffering damages.
Impact on Tilburg personal injury cases
In local cases, the court of appeal reviews pain and suffering and non-material damages. Case law from the Court of Appeal 's-Hertogenbosch (e.g., ECLI:NL:GHSHE:2023:567) underscores the broad authority of the court of appeal. Victims win about 40% of appeals (CBS).
More info? See Appeal and cassation.
Frequently asked questions
Can the judgment still be suspended?
Yes, with reservation of execution (art. 430 Rv). The court may suspend for high Tilburg claims.
Are new items of evidence allowed?
Yes, relevant new productions (art. 368(2) Rv), such as fresh medical reports.
Duration of appeal with devolution?
12-18 months; expedited via art. 82 Rv for urgent injury costs.
Cost recovery on winning?
Loser pays all, including court fees and lawyer (art. 237 Rv).
Tips for Tilburg residents
- Contact a personal injury lawyer immediately; no-win-no-fee is standard.
- Sharp grounds of appeal on damages.
- Summary proceedings for urgent relief.
- Document everything fully: keep a medical file folder.
- Start at Juridisch Loket Tilburg for free intake (Stadhuisplein 45).
Consult Municipality of Tilburg for additional support schemes.
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