- en
appeal
- nl
- hoger beroep
- fr
- appel
- de
- Berufung
A remedy by which a higher court looks at the case again. In civil cases within one month of service of the judgment.
80 of 80 terms
A remedy by which a higher court looks at the case again. In civil cases within one month of service of the judgment.
An appeal to the Court of Cassation against a decision of last instance, on points of law only. In civil cases within three months of service, signed by a lawyer admitted to the Court of Cassation.
The party who appeals against a judgment.
A written application filed at the registry; the registry calls the parties by judicial letter. Only where the law allows it, for example in rent or family matters.
A debtor’s goods or money are frozen (protective attachment) or sold to pay the creditor (enforcement attachment). A judicial officer carries it out.
A judge of the court of first instance for disputes about attachments and the forced enforcement of judgments.
Any document drawn up and served by a judicial officer, such as a summons, a demand for payment or an attachment.
The party who starts the proceedings and asks the court for something.
A procedure for people who lastingly cannot pay their debts: a debt mediator draws up a repayment plan. The application goes to the labour court.
The parties can ask the court to reconcile them, before or during proceedings. An agreement is recorded in minutes that are enforceable like a judgment.
Reviews statutes, decrees and ordinances against the Constitution, including fundamental rights, and the division of powers. A court can refer a preliminary question to it.
A fixed amount per case brought, to help fund legal aid lawyers. It is part of the costs: the judgment decides who bears it.
The highest administrative court: it can suspend and annul decisions of the authorities. It also advises on draft statutes and decrees.
A claim by the defendant against the claimant in the same proceedings.
Assists the judge at the hearing, keeps the case file and co-signs judgments and records.
Hears appeals against judgments of the court of first instance and the enterprise court. There are five: Antwerp, Brussels, Ghent, Liège and Mons.
A non-permanent criminal court per province (and for Brussels) with a jury of twelve citizens, for the most serious crimes.
The highest court of the judiciary, in Brussels. It does not judge the facts again, only whether the law was applied correctly and the procedural rules respected.
The general court of the judicial district, with among others a civil, a criminal and a family and youth section. It hears everything not given to another court, and appeals against judgments of the justice of the peace and the police court.
A flat tax per case for entering it on the court list; the amount depends on the court. It is part of the costs, in principle borne by the losing party.
The office of a court: where documents are filed, copies are requested and the case file is kept.
A specialist (doctor, architect, accountant…) appointed by the court to make findings and give a technical opinion. The court need not follow it.
A section of the court of first instance that tries mid-level offences (délits), such as theft, fraud or assault.
The appeal the respondent brings against the same judgment in response to the main appeal. It can be brought even after the ordinary appeal period.
Heads the public prosecution service in a judicial district: prosecutes offences and can give an opinion in civil cases.
A party who does not appear can be ordered to pay in a default judgment. The court then grants the claim unless it is contrary to public policy.
The party against whom the proceedings are brought.
A court can be split into divisions in different places. Which division hears your case depends on the address and the kind of case.
A document that allows forced enforcement, such as a judgment with the enforcement formula or a notarial deed. No enforcement attachment without one.
Attachment to sell goods and pay the creditor from the proceeds; only on the basis of an enforceable title.
Hears disputes between enterprises, whatever the amount, and bankruptcies and judicial reorganisations. Formerly the commercial court.
An application to the court without an opposing party, or without hearing it in case of absolute necessity, for example to allow a protective attachment.
A section of the court of first instance for family matters: divorce, maintenance, where the children live, and inheritance.
A decision becomes final once it can no longer be challenged by opposition or appeal.
A written demand to the debtor to perform their obligation. It often starts late-payment interest running and usually comes before proceedings.
The first hearing, named in the summons. Simple cases can be argued at once (brief debates); otherwise time limits for submissions are set or the case is adjourned.
A magistrate who decides the dispute, independently and impartially.
The decision of a lower court: justice of the peace, police court, court of first instance, enterprise or labour court.
The decision of a higher court: court of appeal, labour court of appeal, Court of Cassation or court of assize.
The smallest judicial area: one or more municipalities, or part of a city, each with its own justice of the peace. The canton of an address decides which justice of the peace has jurisdiction.
The area of a court of first instance. Since 2014 there are twelve, mostly one per province.
A letter from the registry that calls the parties to a hearing or notifies a decision.
A public officer who serves summonses and judgments and enforces judgments, for example by attachment.
From 1 July to 31 August, with fewer hearings. A time limit for appeal or opposition that starts and ends in that period runs until 15 September.
The judge of the justice of the peace court, who often first tries to reconcile the parties.
The court closest to citizens, one per judicial canton. It hears disputes up to €5,000 and, whatever the amount, among others rent, neighbour disputes and protective measures for adults.
Hears disputes about employment contracts, social security (unemployment, sickness, pensions…) and collective debt settlement.
Hears appeals against judgments of the labour court; there is one in each city with a court of appeal.
Advises and defends parties. With exceptions, only lawyers may plead, but before most courts you may also appear in person.
Exemption from court costs, such as the registration fee and bailiff fees, for people without sufficient income. You apply to the legal assistance office of the court.
The costs of the proceedings, including the registration fee, bailiff and expert fees, and the procedural indemnity. The final judgment in principle orders the loser to bear them.
After a certain time a right can no longer be enforced in court. The ordinary period for personal claims is ten years; many claims expire sooner.
A confidential process with a neutral mediator to find a solution together. An agreement reached with an accredited mediator can be approved by the court.
A public officer who draws up authentic deeds, for example for the sale of a house, a marriage contract or an estate. A court can appoint a notary for a court-ordered division.
Sending a document by post or electronically, often by the registry as a judicial letter. Sometimes a notification also starts a time limit; the law says when.
The remedy of a party judged in default: the same court looks at the case again. In civil cases within one month of service.
A decision of the court on an application or in summary proceedings, or a measure that organises the case, such as the time limits for submissions.
Whoever takes part in proceedings and is bound by the decision: the claimant, the defendant or an intervening party.
Hears minor offences, mostly traffic offences, and civil claims for damage from a traffic accident, whatever the amount.
A written authority to represent someone in court. Before among others the justice of the peace and the labour court, a spouse or close relative may represent you this way, if the court accepts it.
A flat-rate contribution to the winning party’s lawyer’s fees, paid by the loser. The amount depends on the value of the claim; the court sets it between a legal minimum and maximum.
Freezes goods so the debtor cannot make them disappear while awaiting a judgment. Requires urgency and a debt that is certain, due and liquid.
A judgment that can be enforced even while an appeal is pending. Since 2015 this is the rule for final civil judgments unless the court decides otherwise; default judgments follow other rules.
The magistrates who defend the public interest: they prosecute offences and in some civil cases give the court an opinion.
A request to replace a judge because there is legitimate doubt about their impartiality.
The party against whom an appeal is brought.
A free or partly free lawyer for people without sufficient income. Apply to the legal aid office of the bar.
Delivery of a document by a judicial officer. Service of a judgment starts the time limits for opposition and appeal.
The interest rate set each year that applies unless the parties agreed otherwise, for example on a debt after formal notice or on an amount awarded by the court.
Which kind of court has jurisdiction by subject and amount: justice of the peace, labour court, enterprise court…
A fast procedure before the president of the court for urgent matters. The decision is provisional and does not decide the merits.
The minimum time between service of the summons and the hearing: eight days, two days in summary proceedings, and longer if the defendant lives abroad.
Which court of a given kind has jurisdiction by place: usually that of the defendant’s domicile, sometimes another place, such as where the obligation is to be performed.
A remedy for someone who was not a party but whose rights are harmed by a decision.
A period within which something must be done. The day of the act is not counted; a last day on a Saturday, Sunday or public holiday moves to the next working day.
The parties can bring a case before the court together without a summons, by a joint application.
Someone who states under oath what they saw or heard themselves. In civil cases the court orders a hearing of witnesses for it.
A document served by a judicial officer calling the other party to appear before the court on a given day; the ordinary way to start a case. At least eight days must lie between service and the hearing.
The document in which a party sets out its arguments and claims. The court sets time limits; submissions filed late are in principle disregarded.
A section of the court of first instance for minors: those at risk and those who commit an act that would be an offence.
General explanation, not legal advice: exceptions exist. The English terms are descriptions, not official translations. Articles of the Judicial Code unless stated otherwise.