Revocation of a judgment: when can a court ruling be reverted?

In principle, a court judgement is final. But what if it subsequently becomes apparent that the opposing party lied during the proceedings, used forged documents or withheld crucial information? In such cases, Dutch procedural law provides a special legal remedy: revocation. This is one of the few ways in which an irrevocable judgement or order can be reviewed.

In 2017, the Amsterdam District Court ruled that the Dutch insurer Conservatrix had to be compulsorily transferred to a new owner – a far-reaching measure requested by the Dutch regulator, DNB. Conservatrix later discovered that DNB had not been entirely transparent at the time regarding the precise terms of that transfer. It transpired, for instance, that a reinsurance arrangement was also part of the deal, something that had not been made clear during the proceedings. Conservatrix subsequently applied to the court in 2025 to have that decision set aside – a so-called application for revocation.

What is revocation?

Revocation is a legal remedy by which a party can challenge a court ruling against which no ordinary legal remedy (such as an appeal or cassation) is available. The provisions are set out in Articles 382 to 391 of the Dutch Code of Civil Procedure.

When can a judgment or order be set aside?

Revocation is possible on three exhaustive grounds:

• Deception committed during the proceedings: the opposing party has prevented facts from coming to light which could have led to a more favourable outcome.
• Falsified documents: the judgment is based on documents which were recognised or found to be false after the judgment was delivered.
• Withheld documents: after the judgment, the party has come into possession of documents of decisive importance which had been withheld by the opposing party.

In revocation proceedings, the court assesses solely whether grounds for revocation exist. The question of whether the original judgment was substantively correct is not yet at issue at this stage.

What is the time limit?

An application for revocation must be lodged within three months of the grounds for revocation arising and the applicant becoming aware of them.

What happens if the revocation is successful?

If the court finds that the ground for reopening is valid, the proceedings will be reopened in whole or in part, and a new decision will be made on the original dispute based on the full facts.

What does this mean for you?

Reopening proceedings is a last resort: it is a difficult path to take and the bar is high. However, in cases where it later transpires that an opposing party withheld crucial information during the proceedings or deliberately provided the court with incomplete information, Article 382 of the Dutch Code of Civil Procedure offers a serious basis for action.

Do you have any questions about the possibilities of revocation, or do you suspect that an opposing party withheld crucial information in previous proceedings? If so, please contact us.