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Appeal against the decision of the court of first instance

In case the parties are dissatisfied with the decision of the court of first instance, they may appeal against it. If an appeal is lodged, the decision does not become final until the Court of Appeal has given its final decision.

If a party to the proceedings is dissatisfied with the decision of the court of first instance, he may appeal against it within 15 days of the date on which the written copy of the decision was served on him. An appeal may be lodged only on the grounds set out in the law, e.g. that the court found the facts incompletely, that an excluded judge ruled, or that the court erred in law. The appeal must be lodged with the court which issued the contested decision, i.e. the court of first instance. The latter then refers the appeal to the superior court, which decides on the appeal itself.

If an appeal is lodged against a decision, that decision does not become final. It does not take effect until the appeal has been finally decided by the Court of Appeal. This means that until then the decision of the first instance is not binding, and it is not necessary to act on such a decision.

In order to have the above effect, an appeal must be lodged in time and contain the identity of the person lodging the appeal, the name and address of the court which decided the case, the decision against which it is lodged, the extent to which the decision is contested, the grounds on which the appeal is based, and what the appellant claims.

The appellant may amend both the grounds on which he has lodged the appeal and the relief sought (the grounds of appeal) even after the expiry of the time-limit for appeal. In the course of the appeal proceedings, a party may, as a rule, supplement its arguments, but may no longer adduce new evidence or extend the scope of the challenge to the decision.

An appeal is also subject to payment of a court fee, the amount of which depends on the subject-matter of the case.

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