Judiciary Organisation Act

Chapter 2 Administration of justice

Part 4 The Courts of Appeal

Division 1 General provisions

Article 58 Judicial officers responsible for the administration of justice at a Court of Appeal
- 1. The judicial officers responsible for the administration of justice who are employed at the courts of appeal are:
a) coordinating vice-presidents;
b) vice-presidents;
c) justices;
d) deputy justices.
- 2. The judicial officers responsible for the administration of justice in one court of appeal are, by law, deputy justices in the other courts of appeal.

Article 58a [repealed on 1-1-2002]

Article 59 Seat of a Court of Appeal
- 1. The court of appeal is located in the principal seat of the region.
- 2. Subsidiary places of sitting may be designated by order in council. Rules may also be laid down by order in council for the allocation of cases between the principal seat and the subsidiary places of sitting.
- 3. The proposal for an order in council to be adopted pursuant to paragraph 2 may be made no earlier than four weeks after the draft has been submitted to both Houses of the States General.
- 4. The management board must allocate the cases between the principal seat and the subsidiary places of sitting, subject to the rules referred to in paragraph 2.
- 5. The judicial officers responsible for the administration of justice, the non-judicial members of a full-bench chamber, the court officials, the court legal assistants and the external clerks of the court/registrars may perform all activities in the subsidiary places of sitting, even outside a hearing, which they are competent to perform in the principal seat.
- 6. The registry of the principal seat is deemed to be established in the subsidiary places of sitting too for cases heard there.
- 7. Documents and cases may be lodged and filed at the registry in the place where the case is heard, subject to the proviso that no cases may be filed in subsidiary places of sitting. The management board may decide in its regulations that no documents can be lodged in a subsidiary place of sitting.
- 8. Our Minister may, after consultation with the management board of the court of appeal, decide that the hearing in a case will be held at a location to be designated by him in the principal seat of the region, outside the principal seat of the region or outside the region if this is necessary for the safety of persons.

Article 59a [repealed on 1-6-1999]

Article 59b [repealed on 1-6-1999]

Article 59c [repealed on 1-6-1999]

Article 59d [repealed on 1-6-1999]

Article 59e [repealed on 1-6-1999]

Article 59f [repealed on 1-6-1999]

Article 59g [repealed on 1-6-1999]

Article 59h [repealed on 1-6-1999]

Article 59i [repealed on 1-6-1999]

Article 60 Jurisdiction and competence of the Courts of Appeal
- 1. The courts of appeal rule on appeal on the judgments, orders and rulings in civil, criminal and tax cases against which appeal lies from the district courts in their region.
- 2. Paragraph 1 applies mutatis mutandis to the appealable part of the judgment of a district court in a criminal case that relates to the claim of the injured party if the claim exceeds € 1,750.
- 3. The management board of the court of appeal must designate examining justices to hear criminal cases from among the judicial officers responsible for the administration of justice who are employed at the court of appeal.

Article 60a [repealed on 1-1-2002]

Article 61 Competence in the event of jurisdictional disputes between district courts
The courts of appeal take cognizance at both first and last instance of jurisdictional disputes between district courts within their region, with the exception of disputes as referred to in Article 8:9 of the General Administrative Law Act.

Article 61a [repealed on 1-1-2002]

Article 61b [repealed on 1-1-2002]

Article 62 Competence in the event that parties have agreed so by way of prorogation
- 1. The courts of appeal take cognizance at both first and last instance of appealable civil cases in which the parties have agreed by way of prorogation at the outset of the dispute that they should be instituted before the court of appeal that would have jurisdiction on appeal.
- 2. Paragraph 1 does not apply to cases in which the parties do not have freedom of decision.

Division 2 Formation and composition of chambers

Article 63 Appeal within a Summary procedure
- 1. The management board must set up single-judge divisions to hear and decide cases in which relief is sought as a matter of urgency and must determine their composition. These divisions may also hear and decide other cases assigned to them by statute.
- 2. The person sitting in a single-judge division as referred to in paragraph 1 bears the title of provisional relief judge.

Article 64 Appeal in relation to economic offences
The management board must set up single-judge and full-bench divisions, known as economic offences divisions, to hear and decide cases in which a judgment has been given, warrant issued or order made by the economic offences chambers of the district courts. The management board must determine the composition of these divisions.

Article 65 Appeal in relation to customs cases
The management board of the court of appeal in Amsterdam must set up single-judge and full-bench divisions, known as customs divisions, to hear and decide on appeal cases in which a judgment has been given by the customs chambers of the district court in Haarlem. The management board must determine the composition of these divisions.

Article 66 Enterprise Chamber Amsterdam
- 1. The management board of the court of appeal in Amsterdam must set up a full-bench division, known as the enterprise division, to hear and decide cases as referred to in Book 2 of the Civil Code, Articles 173, 217 and 218 of the Pensions Act, Article 5 of the European Works Councils Act, Article 26 of the Works Councils Act, Article 36 of the Participation in School Decision-making Act and articles 997 and 1000 of the Code of Civil Procedure, and must determine the composition of this division.
- 2. The enterprise division must consist of two judicial officers responsible for the administration of justice and two lay persons who are not judicial officers as expert members. Article 7, paragraph 3, and Articles 12 and 13 of this Act and Articles 46c, 46d, 46f, 46g, paragraphs 1 and 2, 46i, with the exception of paragraph 1 (c), 46j, 46l, paragraphs 1 and 3, 46m, 46o and 46p of the Judicial Officers (Legal Status) Act apply mutatis mutandis to the expert members.
- 3. The management board of the court of appeal in The Hague must set up a full-bench division to hear and decide cases as referred to in Article 46d (i) of the Works Councils Act, and must determine its composition. Paragraph 2 applies mutatis mutandis.
- 4. The expert members are appointed by Royal Decree for a term of five years. Deputies may also be appointed.
- 5. Before taking up their duties, the expert members must take an oath or make an affirmation in the presence of a single-judge or full-bench division of the court to which they are appointed.
- 6. Rules are to be laid down by order in council concerning the oath-taking procedure, court dress, absence and alternation of expert members and their deputies and concerning the reimbursement of their travel and accommodation expenses and further remuneration.

Article 67 Specific applications within criminal law
- 1. The management board of the court of appeal in Arnhem must set up a full-bench division to hear and decide applications as referred to in articles 15a and 15c of the Criminal Code and to hear and decide cases on appeal as referred to in articles 502, 509v and 509ff of the Code of Criminal Procedure. The management board must determine the composition of this division.
- 2. This division is also responsible for the submission of advisory opinions pursuant to Article 43, paragraph 3 of the Enforcement of Criminal Judgments (Transfer) Act.
- 3. The composition of the division must be increased to include two lay persons who are not judicial officers as expert members in order to hear applications under article 15a, paragraph 1 (1) of the Criminal Code and to decide cases on appeal as referred to in articles 502, 509v and 509ff of the Code of Criminal Procedure. The presiding justice of the division may add these members in other cases. Article 7, paragraph 3, and Articles 12 and 13 of this Act and Articles 46c, 46d, 46f, 46g, paragraphs 1 and 2, 46i, with the exception of paragraph 1 (c), 46j, 46l, paragraphs 1 and 3, 46m, 46o and 46p of the Judicial Officers (Legal Status) Act apply mutatis mutandis to the expert members.
- 4. The expert members are appointed by Royal Decree for a term of five years. Deputies may also be appointed.
- 5. Before taking up their duties, the expert members must take an oath or make an affirmation in the presence of a single-judge or full-bench division of the court to which they are appointed.
- 6. Rules are to be laid down by order in council concerning the oath-taking procedure, court dress, absence and alternation of expert members and their deputies and concerning the reimbursement of their travel and accommodation expenses and further remuneration.

Article 68 Appeal in relation to military cases
- 1. The management board of the court of appeal in Arnhem must set up a full-bench division, known as the military division, to hear and decide cases in which the military chamber of the district court in Arnhem has given judgment. The management board must determine the composition of this division.
- 2. The military division must consist of two judicial officers responsible for the administration of justice and one military member, preferably from the branch of the armed forces to which the defendant belongs or belonged. When a case is heard against defendants from different branches of the armed forces the presiding justice of the division decides from which branch of the armed forces the military member should come. Article 7, paragraph 3, and Articles 12 and 13 apply mutatis mutandis to the military member.
- 3. The military division also rules on complaints about non-prosecution in military cases as referred to in article 12 of the Code of Civil Procedure.

Article 69 Appeal in relation to agricultural tenancy cases (farm lease cases)
- 1. The management board of the court of appeal in Arnhem must set up a full-bench division, known as the agricultural tenancy division, to hear and decide cases as referred to in Article 132 of the Agricultural Tenancies Act. The management board must determine the composition of this division.
- 2. The agricultural tenancy division must consist of three judicial officers responsible for the administration of justice and two lay persons who are not judicial officers as expert AVT08/JU89998 28 members. Article 7, paragraph 3 and Articles 12 and 13 apply mutatis mutandis to the expert members.

Article 69a Appointment of members of the agricultural tenancy division of the court of appeal
- 1. The expert members of the agricultural tenancy division of the court of appeal and their deputies are appointed by Royal Decree on the recommendation of Our Minister of Justice. They are referred to as counsellor or deputy counsellor, as the case may be, in the agricultural tenancy division of the court of appeal.
- 2. The provisions of Article 48a, paragraphs 2, 3, 4, 5 and 4, and Article 48b also apply to these members and their deputies.

Article 70 Appeal in relation to plant breeders’ rights cases
- 1. The management board of the court of appeal in The Hague must set up a full-bench division, known as the plant breeders’ rights division, to hear and decide cases as referred to in Article 78, paragraph 3 of the Seed and Planting Materials Act 200- 5. The management board must determine the composition of this division.
- 2. The plant breeders’ rights division must consist of three judicial officers responsible for the administration of justice and two lay persons who are not judicial officers as expert members. Article 7, paragraph 3 and Articles 12 and 13 apply mutatis mutandis to the expert members.

Article 71 Trial of cases under the Traffic Regulations (Administrative Enforcement) Act
The management board of the court of appeal in Leeuwarden must set up single-judge and full-bench divisions to hear and decide cases under the Traffic Regulations (Administrative Enforcement) Act. The management board must determine the composition of these divisions.