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Belgian court rules on legal privilege for in-house counsel in national...
In a judgment dated 4 March 2013 the Brussels Court of Appeal has held that, in the context of an investigation by the Belgian National Competition Authority on the basis of the Belgian Competition...
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New Cepani arbitration rules
CEPANI/CEPINA, Belgium’s main arbitration centre for business disputes, has adopted new Rules of Arbitration that will apply to all arbitration proceedings filed with CEPANI after 1 January 2013. The...
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Belgium – worker termination rules
The Belgian government has recently announced agreement on the reform of the rules applicable to the termination of employment contracts . Under the current rules a distinction is made between manual...
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New law on procedural rules for arbitration
The Belgian Parliament has recently adopted a new Law which reforms the procedural rules applicable to arbitration proceedings in Belgium, as set out in Section VI of the Belgian Judicial Code. The new...
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Belgium to introduce class actions
Contrary to most common law and an increasing number of civil law countries, Belgian law does not currently provide for any possibility of introducing class actions. This situation will change if a new...
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Belgium: A new law on security interests
A new law reforming the civil code rules on the creation of security interests in moveable property enters into force with effect from 1 December 2013. The new law does away with the existing...
View ArticleNew tax on securities accounts
One of the key measures of the Belgian Budget bill for 2018 is the introduction of a new tax on securities accounts for Belgian individual tax residents. Non-resident individuals and Belgian and...
View ArticleBrussels International Business Court
The Belgian government has announced plans to create a new Brussels International Business Court (BIBC) which would deal exclusively with international business disputes. The novelty lies in the fact...
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Belgium reduces its corporate tax rates
On 22 December 2017, the Belgian Parliament voted a Law which reduces Belgian corporate tax rates with effect from 1 January 2018. The law is the first part of a Company Tax Reform which aims inter...
View ArticleReal estate transactions across Europe
Real Estate owners, investors, Asset and Property Managers today have a global and European focus when it comes to real estate investments. Being confronted with different legal and tax systems a short...
View ArticleBelgian UBO register: complex structures – who is the ultimate beneficial owner?
The Belgian Law of 18 September 2017 (the “Law”) implementing the 4th Anti-Money Laundering Directive of May 2015 (the “4th AML Directive”) has established the Ultimate Beneficial Owners Register (“UBO...
View ArticleBelgian Company law reform: update
On 23 October 2018, the Belgian Commercial and Business Law Parliamentary Committee approved at a first reading stage the draft Law reforming Belgian Company law. The draft Law has now to be approved...
View ArticleEU261/2004: Why are so many requests for preliminary rulings pending before...
In the last few years the Court of Justice of the European Union has frequently been asked to issue preliminary rulings on the concept of “extraordinary circumstances” which figures in Flight...
View ArticleFUTURE AMENDMENTS TO BELGIAN PNR LAW
On 30 November 2018, the Belgian Council of Ministers approved a first draft of future legislation amending the Law of 25 December 2016 on the processing of passenger data (the “PNR Law”). The PNR Law...
View ArticleDrones: current rules in Belgium
Gatwick airport was recently forced to close its runways because of suspected drones entering the airspace. This incident led to the cancellations of hundreds of flights. A few days later, Santa Claus...
View ArticleBelgium prepares for hard brexit
Brexit is now only 56 days away. According to the Belgian Employers’ Federation there are some 25.000 companies in Belgium which trade with the United Kingdom, of which only one fifth have taken...
View ArticleAviation: Belgian Supreme Court confirms that under the Brussels I Regulation...
On 8 February 2018, the Belgian Supreme Court (Court of Cassation) annulled a judgement of the Dutch speaking Commercial Court of Brussels which had assessed the substantive validity of a choice of...
View ArticleCompany and corporate: New Belgian Companies Code approved
On 28 February 2019, the Belgian Parliament has finally approved the draft law introducing the new Companies and Associations Code. The law effects a rationalization and modernization of Belgian...
View ArticleNew rules on unfair contract terms for B2B contracts
On 21 March 2019, the Belgian Parliament has approved a draft Law which applies the rules on unfair contract terms to B2B contracts. Previously this type of legislation had only applied to B2C...
View ArticleCJUE confirms that damage to an aircraft tyre by a screw lying on an airport...
On 4 April 2019, the Court of Justice of the European Union (CJUE) handed down its judgment in Germanwings GmbH v Wolfgang Pauels (C-501/17), ruling that damage to an aircraft tyre caused by a screw...
View ArticleBrussels region regulates free circulation electric scooters
Over the last year or so Brussels has seen the arrival of several companies offering the rental of electric powered scooters. The scooters are in free circulation across various parts of the Brussels...
View ArticleProblems for the Brussels International Business Court
The draft bill setting-up the Brussels International Business Court, a proposed specialized English language court for international business disputes (see ), was due to be sumitted to the Belgian...
View ArticleNew Ruling of the CJEU on Extraordinary Circumstances under Regulation 261/2004
On 26 June 2019, the Court of Justice of the European Union (CJEU) has handed down its ruling in André Moens v Ryanair Ltd (C-159/18), holding that a fuel spill on the runway of an airport which led to...
View ArticleBelgian UBO register – administration will apply a tolerance policy until 31...
The Belgian Law of 18 September 2017 (the “Law”) implementing the 4th Anti-Money Laundering Directive of May 2015 (the “4th AML Directive”) has established the Ultimate Beneficial Owners Register (“UBO...
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