The appeal procedure referred to in Article 33 is an appeal in cassation.
Appeals in cassation are heard by the highest court in the ordinary judiciary, the Supreme Court of the Netherlands (Hoge Raad der Nederlanden). The aim of cassation is to preserve legal uniformity, to steer the development of law and to safeguard legal protection. Cassation can only consider points of law. The Supreme Court examines only whether the law, including the procedural rules, has been correctly applied. In matters of fact it is bound by what was established in the contested judgment. The parties in appeals in cassation are represented by a lawyer at the Supreme Court.
In application proceedings an application is submitted setting out the grounds for appeal. The defendant may lodge a statement of defence within three weeks (or a different period of time determined by the Supreme Court). If it is deemed advisable in the interests of the case, the lawyers may provide clarification. The Procurator General of the Supreme Court produces a written opinion, whereupon the Supreme Court issues its judgment.
Appeal in cassation is also the legal remedy designated by the Netherlands in Annex IV to Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001), in accordance with Article 44 of that Regulation. It can be lodged against the decision given on the appeal referred to in Article 43 of the Regulation against the decision on the application for a declaration of enforceability.