Supreme Court Litigation

+ 10 other experts

Winning the case at the highest level

Part of our DNA

De Brauw has litigated before our highest court since 1871. Our practice is synonymous with the specialist legal and strategic skills, and the detailed and rigorous approach, that these type of cases need. We handle Dutch Supreme Court litigation in all areas of civil and administrative law, with corporate litigation, class actions, employment and intellectual property being our focus.

Challenging the status quo

What happens in society is relevant in Supreme Court cases, as changes in public opinion often influence the law. A constant critique of the status quo is at the core of our litigators' approach. Our 360-degree perspective has led to our forming part of many ground-breaking decisions that touch upon all facets of society.

Setting strategy from the ground up

When taking on a Supreme Court case, we act as the client’s Supreme Court counsel throughout the appeal, working in close consultation with the lawyers who handled the matter during the fact-finding stages. In some cases, we may get involved while the matter is still winding its way in the lower courts when an appeal to the Supreme Court is being contemplated or anticipated. In this scenario, we typically begin by assessing our client’s options of appealing an unfavourable lower court decision, or the possibilities of successfully defending the matter.

Tailored fee arrangements and quick scan

We believe everyone should have access to a Supreme Court review of their case. To support this, we can tailor fee arrangements that reflect the client's financial situation, as well as the impact of the case itself. Recognising the role we can play in society, we have taken on pro bono cases and represented legal-aid clients before the Supreme Court where our expertise was needed.

If you are unsure if obtaining an opinion on cassation as required by the lawyers rules of conduct is the way to go, we can start the process by doing a quick scan and discuss with you whether that would be advisable based on our first reading of the lower court decision. We will then also be estimating related costs. If after reading the quick scan you would like us to issue a detailed opinion on a Supreme Court appeal, our opinion will estimate the costs of starting proceedings before the Supreme Court or of submitting a defence.

Contact us

If you would like to know what we can do for you, please get in touch with our Supreme Court Litigation team at supremecourtlitigation@debrauw.com, or reach out to the individual experts listed on this page.

Landscape debrauw paper blackstone high res 2

Considering an appeal to the Supreme Court?

We can help you weigh your options and decide. We will scan the matter to highlight where the possible points of appeal are, indicate any potential defence(s), and comment on your likelihood of success.

Request an assessment

Having excellent Supreme Court barristers available in all stages of proceedings gives a great advantage.

Legal 500, 2021

Insights

2 October 2025

Supreme Court: employer must pay for lawyer education

Our employment team successfully represented the Dutch Bar Association (NOvA) in preliminary proceedings before the Dutch Supreme Court. The case concerned a dispute between a law firm and a trainee lawyer (advocaat-stagiair) regarding the reimbursement of the costs of the Professional Training Programme for Lawyers (Beroepsopleiding Advocaten). The central question was whether a clause requiring employees to repay these costs in the event of early termination of the employment agreement is valid under Dutch law, also in light of EU law.
24 July 2025

Dutch Supreme Court issues first ruling on "i-ground" for dismissal

On 18 July 2025, the Dutch Supreme Court issued its first ruling on the "i-ground" for dismissal, a significant development in employment law. The i-ground was introduced in 2020 under the Labour Market in Balance Act as an additional ground for dismissal. It allows for the termination of employment based on a combination of multiple, partially fulfilled grounds, such as underperformance, misconduct or a disrupted working relationship. This ruling clarifies the application of the i-ground, emphasising the need for courts to provide thorough reasoning and to take into consideration the employer's legal duty to explore employee reassignment.
27 March 2025

Collective bargaining agreement for Dutch MBO sector violates gender equality

On 21 February 2025, the Dutch Supreme Court ruled on the right to equal treatment of men and women in response to preliminary questions. The case revolved around the collective bargaining agreement (CBA) for the secondary vocational education (MBO) sector, which entitles employees to 30 vacation days as well as approximately 30 "other leave days". According to the CBA, employees are not required to work on these "other leave days", which are not classified as vacation days and include, for example, days falling within school holiday periods. The CBA stipulates that employees do not receive compensation when these "other leave days" coincide with maternity leave. The Supreme Court was asked to decide if this provision discriminates against women.