Appeal to the Council of State for cassation

Verified 17 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

An appeal on cassation allows a decision on appeal (or a first instance decision that cannot be appealed) to be challenged. The cassation judge cannot retry the case, he must check whether the law has been properly applied by the court that has already tried the case. In administrative matters, the appeal for cassation must be lodged with the Council of State. We present you with the information you need to know.

You can appeal on a point of law against the following decisions:

  • Decision on appeal by an administrative court of appeal or specialized administrative court
  • Decision of an administrative court which cannot be appealed (e.g. decision of the National Court of Asylum)
  • Single judge judgment of an administrative tribunal for a dispute of no more than €10,000

The challenge must be about illegality, and the Council of State does not retry the case, but verifies the way in which the law has been applied. Thus, the action must relate to the following cases:

  • Procedural defect (e.g. non-compliance with pre-sanction hearing)
  • Error of law (e.g. indication of a bad provision in the decision)
  • Violation of the law (for example, refusal to issue a license when all conditions are met)

FYI  

it is possible, in the event of a dispute, to to challenge the validity of the law applicable.

The situation varies depending on whether the contested decision is a social assistance and pension decision or not.

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The decision concerns a pension

The assistance of a lawyer shall not be compulsory in the event of an appeal against a decision on pensions. This is specified in the covering letter of the notification of the judge's decision.

The decision concerns social assistance

The assistance of a lawyer is not compulsory in the case of an appeal against a decision on social assistance. This is specified in the covering letter of the notification of the judge's decision.

The decision is on a different subject

The assistance of a lawyer is mandatory.

The lawyer chosen must be a counsel to the Councils (also called lawyer at the Council of State and the Court of Cassation).

You can ask a lawyer to file the cassation appeal for you. You can do it yourself if you wish.

If you file the appeal yourself, you can do so on the Internet, on site or by mail.

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On the Internet

You can submit your request via the online service Remedy citizens.

Citizens' teleappeal (appeal to the administrative court)

If you wish to file the appeal via the Citizens' Remedies online service, please consult the brochure explaining the procedure to be followed and the documents to be provided.

You must submit the following electronically:

  • Query: Identification in the Telemedicine application is equivalent to identification in the query and signature
  • Signature of the other applicants, if you file the application on behalf of several persons
  • Warrant entered in the Telemedicine application, if you make the request on behalf of a third party
  • Attachment files: One file per attachment, with a label that includes a serial number
  • Attachment Inventory, with a title that clearly and explicitly describes the contents of each attachment, unless you are using the Automatic Remedy online service Inventory

The request shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of Facts
  • Arguments on the merits of your request

On the spot

The appeal shall be brought by a written application, which shall be request.

You must sign the request and provide your full name, surname and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of Facts
  • Arguments on the merits of your request

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute

The application may be lodged at the Registry of the Council of State in as many copies as there are parties to the dispute.

Who shall I contact

By mail

The appeal shall be brought by a written application, which shall be request.

You must sign the request and provide your full name, surname and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision)
  • Statement of Facts
  • Arguments on the merits of your request

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute

The request can be sent by mail preferably with RAR: titleContent at the Registry of the Council of State in as many copies as there are parties to the dispute.

Who shall I contact

Please note

if you are represented by a lawyer, he must use the application Remedy to forward your request.

You don't have to pay to make the appeal.

But if you hire a lawyer, you have to pay his fees. Depending on your income, you may be entitled to legal aid.

The time limit for bringing an action shall be set out in the notification of the contested decision.

It can be longer if you live overseas or abroad.

General case

Except in special cases, appeals must be lodged within two months of notification of the court decision.

This period shall be reduced to 15 days for appeals in the interim measures.

A period of less than 2 months must be mentioned in the notification of the court decision.

Otherwise, the deadline is 2 months.

Overseas

The period is 3 months from the notification of the court decision, and 1 month and 15 days for an appeal in interlocutory.

Abroad

The time limit for filing an appeal is

  • 4 months from notification of the decision of the court
  • and 2 months and 15 days for an appeal in respect of interlocutory.

The appeal in cassation is not suspensive. This means that you have to execute the contested decision until the decision of the Council of State.

However, you can ask the Council of State to issue a final decision on the stay of execution.

There is a pre-admission procedure before the arguments are considered and the decision is taken.

Pre-admission procedure

The appeal shall be the subject of a preliminary admission procedure. The aim is to dismiss appeals which are inadmissible (for example, the time limit for appeal has expired) or which are not based on a serious ground of appeal (for example, insufficient arguments in the application).

The Council of State may organize an oral hearing or an investigative hearing.

The oral pretrial hearing and the pretrial hearing can provide an opportunity for adversarial debate with your adversary on admission.

If the appeal is allowed, it shall then be examined.

Decision of the Council of State

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Appeal dismissed

If the appeal is dismissed, there is no further judicial remedy (except for the application for review).

Appeal accepted

If the appeal is allowed, the decision is quashed and the Council of State then refers the case back to the court that has already ruled on it or to another court of the same nature. In certain limited cases, the Council of State may decide to settle the case definitively without referring it to another court.

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