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The decision of the new court may again be appealed to the Court of Cassation.
In this case, if the earlier decision of the Court of Cassation is confirmed, the case is brought before a third court at the same level as the one which judgement was overturned, but this time the decision of the Court of Cassation is binding on points of law.
Occasionally the Court of cassation requests the opinion of the European Court of Justice with respect to the laws of the European Union or of the Court of Arbitration of Belgium with respect to issues of the constitutionality of laws.
The Court stated that the wage of a pregnant employee, whose dismissal was declared void, could not be reduced because of the allowance that she might have been granted by the social security or the unemployment agencies.
According to the Court, the delivery or the sending by the pregnant employee of a medical certificate testifying her condition and the foreseen date of confinement does not constitute a substantial requirement in order for her to be legally protected.
In its decision, the Court adopted the interpretation of the European Court of Justice in a judgement on 30 April 1998 in the case Caisse nationale d’assurance vieillesse des travailleurs salariés (CNAVTS) v.
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