Appealing Economic Court Decisions

An appeal must be filed within one month (Art. 262 EPC), and a timely complaint postpones the decision’s entry into legal force. Cassation is available for six months (Art. 285 EPC), but only if there was no appeal. The state duty for each complaint is 50% of the rate calculated for the first instance on the disputed part.

In brief:

• Appeal applies to a decision that has not yet entered into legal force; the general deadline is one month (Art. 262 EPC).
• Cassation applies to an effective first-instance decision that was not reviewed on appeal; the deadline is six months (Art. 285 EPC).
• After appeal or cassation, the next route is revision, not a second cassation; the general deadline is one year (Art. 310 EPC).
• An application based on newly discovered circumstances is filed with the court that adopted the act within one month (Art. 328 EPC) after discovery.
• An appeal is worth pursuing when the case file reveals a specific judicial error and shows how correcting it would change the result.

Updated: 05 September 2026

How to choose the review route

The route depends on whether the decision has entered into force and whether it has already been reviewed. A party to the case may complain, as may a person who was not joined although the court decided that person’s rights or obligations. A decision may be challenged in whole or part (Art. 259 EPC).

An unchallenged decision enters into force when the one-month period expires. If an appeal is filed and the decision is not annulled, it becomes effective on the date of the ruling (Art. 192 EPC) of the appellate court. Cassation should therefore not be planned as a mandatory stage after appeal: once an appeal has been heard, revision is the available route.

Is it worth appealing?

A complaint is worth filing when the error falls within a statutory ground and could affect the outcome. The Economic Procedural Code (EPC) identifies four main groups (Art. 279 EPC):

• failure to establish all material circumstances;
• lack of proof for circumstances treated as established;
• inconsistency between the court’s conclusions and the case circumstances;
• breach or incorrect application of substantive or procedural law.

Incorrect application of substantive law includes failure to apply the required act, application of an inapplicable act, or incorrect interpretation. A procedural error is ordinarily material if it led, or could have led, to an incorrect decision. The EPC also permits annulment for violation of the language of proceedings, absence of the required signature on the hearing record or the required recording medium, and breach of the secrecy of judicial deliberations.

A decision must be annulled in every case involving any listed unconditional violation:

• the case was heard by an unlawfully constituted court;
• a party was not properly notified;
• the court decided the rights or obligations of a person not joined to the case;
• the decision was unsigned or signed by the wrong judges;
• the hearing record is missing from the case;
• the court failed to decide a pleaded claim;
• the case was heard in violation of subject-matter jurisdiction rules.

The practical test has three questions: where does the file prove the error, which rule was breached, and what result should be requested? Appeal and cassation courts may examine additional evidence, but they will not accept a new claim that was absent from the first instance. The decision is also reviewed in full, so narrow wording in the complaint does not confine the court to a single episode.

Mere disagreement with the court’s assessment is not enough. At revision, it is especially important to separate a material violation from a formal one: a substantively correct act cannot be annulled only for formal reasons (Art. 324-8 EPC). An appeal filed solely to defer payment should also be weighed against the state duty, the risk of additional costs, and the fact that enforcement is not always stayed automatically.

How to file an appeal

The complaint is addressed to the appropriate judicial panel of the higher court but filed through the economic court that adopted the decision. The first-instance court sends the complaint and case file within five days (Art. 261 EPC).

The general filing period is one month from adoption of the decision. Simplified proceedings, legal-impact measures, and the land cases specified by the EPC have a ten-day deadline (Art. 262 EPC). The period may be restored for a valid reason if the motion is made no later than two months from the decision. The Plenum clarifies that time starts on the following day, and the reason must have objectively prevented timely filing.

The complaint must contain five groups of details (Art. 263 EPC):

• the appellate court;
• the complainant;
• the first-instance court, case number and date, and subject of the dispute;
• the requested result and reasons the decision is wrong, with references to law, circumstances, and evidence;
• the list of attachments.

The complaint requires three forms of proof (Art. 265 EPC): payment of the state duty and postal expense, delivery to other parties of the complaint and new attachments, and the representative’s authority to sign. The power of attorney should state the special authority to appeal expressly. The judge decides whether to accept, refuse, or return the complaint within five days (Art. 266 EPC) after receiving it with the case.

The complaint is returned if it lacks a proper signature, does not meet content requirements, lacks proof of service, duty, or postal expense, bypasses the first-instance route, is late without a restoration motion, or the complainant requests its return before acceptance. For these defects, the EPC provides for return of the complaint (Art. 269 EPC), not a general period for leaving it without movement. It can be filed again after correcting the defect if the procedural deadline has not expired.

How the appeal is reviewed

The appellate court re-examines the legality and grounds of the decision in full. It may establish new facts and examine new evidence, but it does not accept new claims (Art. 276 EPC).

The first hearing must be held within twenty days (Art. 274 EPC) after acceptance. Review ordinarily takes no more than one month from acceptance; urgent categories take fifteen days, and in special cases the period may be extended by one additional month (Art. 277 EPC).

The court may use the full set of powers (Art. 278 EPC):

• leave the decision unchanged;
• annul it in whole or part and adopt a new decision;
• modify the decision;
• annul it and terminate proceedings or leave the claim without consideration in whole or part;
• annul it and transfer the material to another court according to subject-matter jurisdiction.

In the unconditional cases specified by the EPC, the appellate court changes to first-instance procedure. The appellate ruling takes effect on adoption, and the ruling itself allocates judicial expenses.

Cassation and revision: the difference

Cassation is the route for an effective first-instance decision not reviewed on appeal (Art. 282 EPC). It is heard by the economic panel of the regional court; a decision adopted by the Supreme Court as first instance is heard by the Supreme Court panel (Art. 283 EPC). The complaint is addressed to that court but filed through the court that adopted the decision, which forwards the case within five days (Art. 284 EPC).

Cassation also reviews the decision in full and may examine new evidence and facts, but it does not hear new claims (Art. 299 EPC). Review takes up to one month after acceptance and, in a special case, one additional month (Art. 300 EPC). Its powers include affirming, modifying, annulling with a new decision, terminating proceedings, leaving a claim without consideration, and transfer by jurisdiction—the available outcomes (Art. 301 EPC). Annulment grounds cover errors in facts, proof, conclusions, and law, including unconditional violations (Art. 302 EPC).

If an act has already passed through appeal or cassation, revision applies. The persons listed by the EPC file the first revision complaint against previously reviewed acts (Art. 307 EPC). It is ordinarily filed through the court that adopted the decision, while complaints against acts at later levels go directly to the Supreme Court (Art. 309 EPC).

The general revision period is one year. If it expired before the result of an earlier cassation or revision, the EPC preserves a three-month window in specified situations. Restoration is possible on a motion filed within three months after expiry (Art. 310 EPC). For a legal entity, lack of funds for the duty or a representative, a representative’s holiday or business travel, and the absence of an in-house legal employee are not valid reasons.

Regional revision and the Supreme Court panel review a complaint within one month, extendable by one additional month. A protest before the Presidium is heard within two months (Art. 324-3 EPC). Revision uses the case materials to verify application of law and compliance with procedure, while accepting no new claims (Art. 324-6 EPC).

How to appeal a court determination

A determination may be challenged separately when the EPC expressly permits it or when it prevents the case from moving forward. Objections to other determinations are included in the complaint against the final decision. Unless a special rule sets another period, the general deadline for a separate complaint is no more than one month (Art. 199 EPC).

The appellate court reviews a complaint against a determination under the appeal chapter and may modify or annul it. If it annuls a determination refusing or returning a claim, leaving it without consideration, terminating, or suspending proceedings, the application or case is sent to the first instance (Art. 281 EPC). Cassation has similar powers over a first-instance determination not reviewed on appeal (Art. 305 EPC).

Determinations that cannot be challenged separately include, among others, those on recusal of a judge, transfer to another court, joinder of a third party, expert examination, acceptance of the claim, case preparation, adjournment, and acceptance of an application based on newly discovered circumstances. The Plenum also explains that a court order and enforcement writ are not independently appealable.

Filing a complaint does not automatically stop a determination. As a general rule, it is enforced immediately (Art. 198 EPC) unless the law or court sets another period. The complainant should therefore check separately whether that particular act can be stayed.

How long does an appeal delay payment?

A timely appeal ordinarily postpones compulsory recovery until the appeal is resolved because the decision is not yet effective. An enforcement writ is issued to the creditor or sent to the state enforcement officer within five days (Art. 336 EPC) after the act enters into force.

Example. If the complaint is filed near the end of the one-month period, the first-instance court has five days to forward the case, acceptance takes up to another five days, and review ordinarily takes up to one month with a possible extension of one more month. In practice, ordinary recovery may be deferred by approximately two to three months from the decision date. This is an estimate derived from the sequence of procedural periods, not a separately guaranteed deferral.

If the appeal deadline was missed, the decision may already be effective. Once the deadline is restored, the appellate court may, on motion, stay enforcement (Art. 271 EPC) until appeal proceedings end. On cassation, the court stays enforcement (Art. 294 EPC) on a party’s motion. At revision, the court only has discretion—the decision remains discretionary (Art. 323 EPC). Filing a cassation or revision complaint alone is insufficient; the stay must be requested expressly.

There are exceptions to the general wait for legal force. Determinations securing a claim, approving a settlement, issuing a writ to enforce an arbitral award or mediated settlement, and recognizing and enforcing a foreign judgment or award are enforced immediately—the complete list (Art. 334 EPC). For those acts, the usual appeal arithmetic does not create an automatic pause.

What does an appeal cost?

Mandatory outlays consist of the state duty and postal deposit. For a property claim, the first-instance rate is two percent of the claim value, with a minimum of one base calculation unit (BCU). A non-property claim costs ten BCU. Appeal, cassation, and revision complaints cost half the original rate calculated on the disputed part.

The court sets postal expenses; the deposit cannot exceed 44.000 sum (Art. 116 EPC). Videoconferencing, experts, and other procedural acts may create additional expenses. Legal-assistance fees are contractual and do not replace mandatory court payments.

Cost example. A company disputes recovery of 100,000,000 sum. The first-instance duty at the general rate is 2,000,000 sum, so the appellate duty is 1,000,000 sum. With the maximum postal deposit of 44.000 sum, mandatory payments total 1,044,000 sum before any additional expense.

An entrepreneur or legal entity may request deferral of the duty if lack of funds is confirmed by its servicing bank; the confirmation must be dated no earlier than three days before filing. The special economic-procedure rule addresses deferral, so instalments should not be assumed without a separate legal basis.

Complaint expenses are allocated between the parties according to the outcome (Art. 118 EPC). If a complaint is returned, the duty is refunded on a court certificate (Art. 115 EPC). But if an accepted complaint is withdrawn or left without consideration, the paid duty is not refunded.

Review for newly discovered circumstances

The EPC uses the term “newly discovered circumstances.” This is not another appeal and not an opportunity to produce a document that the party could have obtained earlier. The court that adopted the act reviews it. If a higher court modified the act or adopted a new one, that same court (Art. 326 EPC) hears the application.

The list of grounds is closed (Art. 327 EPC):

• material circumstances existed when the act was adopted, but the applicant did not and could not know of them;
• an effective criminal judgment established a knowingly false expert opinion, witness testimony, or incorrect translation that affected the act;
• an effective criminal judgment or determination established criminal conduct by a party, representative, or judge while the case was heard;
• the judicial act or other authority’s act underlying the decision was annulled.

The application is filed within one month after discovery. A missed deadline may be restored if the motion is filed within six months. The general longstop is three years (Art. 328 EPC) after the act entered into force, except for grounds involving established falsification, a crime, or annulment of the underlying act.

The application states the court, parties, act and case to be reviewed, the circumstance with supporting documents, the requested result, and attachments. It must include proof of the circumstance, service on other parties, and the representative’s authority—the complete required set (Art. 329 EPC). The list of chargeable economic-court filings does not impose a state duty on this application—the expense list.

The court reviews the application within one month, and the first hearing is set within twenty days (Art. 332 EPC) after acceptance. It either grants the application and annuls the earlier act or refuses it. After annulment, the case is reheard; the resulting determination may be challenged (Art. 333 EPC).

How to recover property after annulment

Reversal of enforcement returns to the defendant what was recovered under an annulled or modified act. It applies when, after enforcement, a new act rejects the claim in whole or part, terminates proceedings, or leaves the claim without consideration. If recovery has not been completed, the court terminates it (Art. 343 EPC) in whole or to the relevant extent.

The court adopting the new act should decide reversal. If the annulment or modification ruling says nothing about it, the defendant applies to the first-instance court and attaches proof of the earlier enforcement. The court considers the application within twenty days (Art. 344 EPC), without summoning the parties, adopts an appealable determination, and, if granted, issues a separate enforcement writ for return of the money, property, or its value.

In practice, the request for reversal should be included in the position filed with the court that may adopt a new act. If recovery has already occurred, payment documents, property-transfer records, or enforcement-file information should be attached. Without proof of enforcement, the application does not meet the EPC’s express requirement.

What changed in 2025–2026?

• Resolution No. 13 of 23 June 2025 explains the special rules for insolvency cases: certain determinations have a ten-day appeal period and a one-month cassation period, while decisions and determinations in such cases are generally enforced immediately under the special rule.
• Resolution No. 19 of 3 July 2026 explains that interim measures are available at every stage of proceedings, including while proceedings are suspended. A party may therefore request preservation of property or the parties’ position while review remains pending.

What to check before filing

Before filing, assemble one working package that proves both admissibility and the merits:

• obtain the full decision, ruling, or determination and verify its adoption and effective dates;
• reconstruct the procedural route: whether there was appeal, cassation, or revision, and which act was adopted last;
• record the final filing date and prepare a restoration motion separately if it was missed;
• tie every argument to the case file, a specific rule, and the requested result;
• separate new evidence from a new claim: the former may be examined, the latter will not be accepted;
• verify signature, the representative’s special authority, service of copies, state duty, and postal deposit;
• if enforcement has begun, attach a separate stay motion;
• if recovery is complete and a new act annuls it, request reversal and attach proof of payment or transfer of property.

This package makes it possible to assess the complaint by three verifiable elements rather than its length: an admissible route, a material error, and an enforceable review result.

Frequently asked questions

May new documents be attached on appeal?

Yes. Appeal and cassation courts may examine new evidence and establish new facts. The document must, however, relate to the existing dispute: a higher court will not accept a new independent claim. The complaint should explain which first-instance conclusion the document disproves, and a copy should be served on the other parties with the complaint.

Does a complaint stay recovery?

A timely appeal ordinarily prevents the decision from entering into force until the appellate ruling. Cassation and revision complaints do not stop recovery on their own; a separate motion is required. On cassation, the court must stay enforcement on a party’s motion. At revision, the court has discretion. Special rules apply to immediately enforceable acts.

Can cassation follow an appeal?

No, not as the ordinary next stage for the same decision. Under the EPC, cassation is for an effective first-instance decision not reviewed on appeal. If the appellate court has already ruled, further review proceeds through revision, taking account of the court that adopted the act and the stages already completed.

Which determinations are separately appealable?

A separate complaint is allowed if the EPC expressly permits a challenge to that determination or if it prevents the case from moving forward. Special review is available, for example, for determinations refusing or returning a claim, terminating proceedings, leaving the claim without consideration, or suspending proceedings. Objections to other determinations are included in the complaint against the final decision.

Is the duty refunded after withdrawal?

Once a complaint has been accepted, withdrawal terminates the proceedings but the paid duty is not refunded. The result differs when the court returns the complaint before review: the refund is then based on the judicial act and a court certificate. A request for return before acceptance and withdrawal after acceptance therefore have different financial consequences.