Cassatie

Cassatie is a form of legal remedy used in several continental jurisdictions, most notably the Netherlands and Belgium. It is aimed at challenging a court’s ruling on points of law before the highest court. The purpose is not to re-examine facts, but to ensure the correct application and uniform interpretation of the law.

In the Netherlands, cassatie is brought before the Hoge Raad der Nederlanden (Supreme Court) after a final judgment by a lower court, typically the Court of Appeal. The Hoge Raad reviews only questions of law and does not re-assess factual findings. Grounds for cassation include misapplication or misinterpretation of the law, incorrect legal reasoning, or procedural defects that affected the outcome. The court can dismiss the cassatie as inadmissible or, if admissible, quash the judgment and remand the case to the lower court for reconsideration in light of its legal rulings. The decision of the Hoge Raad is final and no ordinary appeal lies from it.

In Belgium, the Court of Cassation is the supreme court for matters of law. Like its Dutch counterpart, it does not re-examine facts but checks the legality and correct application of the law in lower court decisions. If cassation is allowable, the Court of Cassation can annul the judgment and refer the case back to the Court of Appeal for a new ruling consistent with its interpretation of the law (renvoi or cassation with remand). In some instances it can issue a ruling without remand (cassation sans renvoi). The aim is to ensure uniform application of Belgian law across courts.

Etymologically, cassatie derives from Latin roots meaning to annul or cancel. It remains a specialized, grounds-based mechanism rather than a general re-litigation route.