The appeal is decided by the Court of Appeal. The latter may also review the contested decision on grounds other than those stated by the appellant in the appeal. In principle, it is no longer possible to defend against the decision of the Court of Appeal. Only in exceptional cases can an extraordinary appeal be brought against the decision of the Court of Appeal.
The Court of Appeal shall review the correctness of the decision of the court of first instance to the extent specified in the appeal. However, it may go beyond the scope of the appeal and may or must take into account the selected facts even without a proposal. As a result, the decision may be reviewed both factually and legally, including whether all procedural rules have been properly complied with.
Otherwise, it may annul the decision of the court of first instance and return the case to it for rehearing, or the appeal court itself may decide the case. If the appellate court finds that the procedure of the court of first instance has no defects, it will confirm its decision. Otherwise, it may annul the decision of the court of first instance and return the case to it for rehearing, or the appeal court itself may decide the case.
As soon as the decision of the Court of Appeal is served on the parties, it acquires legal force and becomes binding on the parties to the proceedings. It is not possible to file (further) appeals against the decision of the Court of Appeal. The only possible defense may be one of the so-called extraordinary remedies.
