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FAQ

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What happens in second instance proceedings?

As a consequence of an effectively submitted appeal (i.e. not rejected due to formal or fiscal defects), a case is considered again by a second instance court. After considering the case a court may:

• dismiss the appeal if it finds it groundless;
• change the initial judgment according to the appellant’s application;
• in case of nullity of proceedings quash a judgment and forward the case to the court of first instance for re-examination;
• if a statement of claim should have been rejected or grounds for discontinuation of proceedings exist, quash a judgment and reject the statement of claim or issue a decision on discontinuation.

There is a general rule that a court cannot quash a judgment and forward the case to the court of first instance for re-examination unless the court of first instance failed to consider the essence of a case or issuance of a judgment requires the entire proceedings as to evidence to be conducted.

It should be noted, however, that courts of second instance are reluctant to conduct proceedings as to evidence as in fact, it deprives a party of one instance. This is because the second instance judgment is final and evidence gathered by this court is not verified.