Between 2017 and 2021, an average of 14,533 appeals were lodged with the Belgian appellate courts in civil and commercial matters. Those dissatisfied with a court decision often resort to appeals, seeking a review on both factual and legal grounds by a higher court. Despite its common use among legal professionals, there's a widespread lack of understanding of the appeal proceedings. A better insight into the appeal process is urgently needed as the procedure is under pressure due to high costs (both for litigants and the state budget), judicial backlogs and long lead times (695 days in 2022 on average). News stories mention, amongst other, a tax case that will be heard by the Brussels Court of Appeal in 2040, eroding trust in the civil justice system.

This project aims to undertake innovative research by initiating an empirical study of how appeals in civil and commercial cases are handled in Belgium, on the basis of a content analysis of 960 cases (with judgment in 2019 or 2023) from three courts of appeal (Brussels, Ghent and Mons). This will lead to findings that challenge (often entrenched) doctrinal perspectives, filling a significant gap in the current academic discourse. Moreover, it may serve as a valuable resource for policymakers aiming to enhance the efficacy of the appeals procedure. It will also attract international attention, as other jurisdictions face similar challenges, and the approach used in this project can be seamlessly adopted in other jurisdictions.