{"id":15321,"date":"2026-10-21T23:32:08","date_gmt":"2026-10-21T23:32:08","guid":{"rendered":"https:\/\/www.legal-plus.eu\/appeals-process\/"},"modified":"2026-10-31T08:32:04","modified_gmt":"2026-10-31T08:32:04","slug":"appeals-process","status":"publish","type":"page","link":"https:\/\/www.legal-plus.eu\/en\/appeals-process\/","title":{"rendered":"Appeals Process"},"content":{"rendered":"
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LEGAL+ \u00b7 Practice Areas<\/p>\n

Appeals Process<\/h1>\n

\u2190 All Focus Areas<\/a><\/div>\n<\/section>\n

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The focus of the appeal is no longer the case itself, but the judgment. The appellate court does not overturn it simply because the case can be viewed differently, but only if it is based on an error. Anyone considering an appeal should therefore first ask themselves a straightforward question: Does the error lie in the judgment, or was the weakness already present in one\u2019s own position? <\/p>\n

It is difficult to answer this question objectively based on the trial itself. Those who believed they were in the right but lost the case read the verdict with disappointment. Those who conducted the trial read it with their own arguments in mind. Both reactions are human, and both cloud one\u2019s view of what the verdict actually hinges on. <\/p>\n<\/div>\n<\/div>\n<\/section>\n

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I did not preside over the trial and can therefore review the judgment from an outside perspective. To do so, I compare it with the record from the trial court: What was argued, contested, and proven, and how did the court interpret these facts? This reveals where the judgment is vulnerable, where it stands firm, and what an appeal can realistically achieve. This review constitutes a separate retainer. I stand by its outcome, even if it turns out differently than you had hoped. <\/p>\n

Whether you proceed with the appeal using your current attorney or a different one is a matter of trust. You can still seek my opinion even if you decide to have your attorney continue handling the case. <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/section>\n

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If I preside over the appeal myself, the arguments and findings of the court of first instance remain the basis for my decision. Some matters can still be corrected on appeal, while others cannot. This is part of my assessment from the very beginning, and it is by this standard that I will be judged. <\/p>\n

An appeal requires a specific approach to litigation. It is crucial to identify the underlying rationale of a judgment, precisely pinpoint the error, and convince the appellate court right from the written brief. As a trial attorney, I have dedicated myself to this work. If the opposing party challenges a judgment you have won, I will defend it with the same precision. And if the case proceeds to the Federal Court of Justice, I will collaborate with attorneys who are admitted to practice there. <\/p>\n<\/div>\n<\/div>\n<\/section>\n

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\u201cThank you very much for your many years of dedicated support, which ultimately led to a very successful outcome. It was a tough nut to crack.\u201d<\/span><\/blockquote>

Rudolf Kastner, Member of the Supervisory Board, EGT AG \u2013 Post-M&A Dispute Heard by the Federal Court of Justice<\/figcaption><\/div>\n<\/figure>\n<\/div>\n<\/div>\n<\/section>\n
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Contact us<\/h2>\n
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