News regarding the recovery of uncontested claims

Since the 2nd of July 2016, an administrative procedure for the recovery of undisputed commercial debts has entered into force. We have already explained the practical details in our newsletter of August 29th, 2016 (see here). It should be remembered that (...)

Published on 29-05-2017 +

A new tool regarding bankruptcy : the Central Solvency Register

On April 1st, 2017, the law creating a Central Solvency Register entered into force. This virtual database includes all data related to Belgian companies which have been declared bankrupt. This should facilitate access to all procedural files regarding ba (...)

Published on 04-04-2017 +

Belgium has about 370,000 long-term disabled workers. The new legislation named « reintegration journey » is meant to allow them to return to work and, if that’s impossible, to permit the end of the employment contract for medical force majeure

All employers have at one point or another been confronted with the long-term illness of an employee and the difficulty of organizing either the resumption of work or the termination of the contract for medical force majeure. The proliferation of legal pr (...)

Published on 21-02-2017 +

Dynamic IP addresses as personal data

In a decision from October 19, 2016, the European Court of Justice (“ECJ”) ruled to what extent a dynamic IP-address can be considered as “personal data”. The underlying facts are related to a claim against the Federal Republic of Germany for (...)

Published on 25-11-2016 +

The right to be forgotten officially recognized by the Supreme Court

In April 2016, the Supreme Court has officially recognized the right to be forgotten in a judgement, which is a first in its kind in Belgium. The right to be forgotten has already been ruled by the European Court of Justice in the Google Spain / Costeja c (...)

Published on 27-10-2016 +

“Pop-Up Store” Decree : The Flemish Region has changed the Act on Commercial Lease

On September 1st, 2016, the Decree of June 17, 2016 relating to short-term commercial lease, commonly called “the Pop-Up Store Decree”, has entered into force. With this Decree, the Flemish Region has used its new responsibility regarding lease regulation (...)

Published on 22-09-2016 +

Undisputed debts collection : entry into force and practical aspects

In October 2015, the so-called “Pot-Pourri I” law was adopted. One of the measures is related to the administrative procedure of debt collection regarding commercial matters. The Royal Decree of June 16 implements this procedure. We have already addressed (...)

Published on 29-08-2016 +

Using a competitor’s trademark as an Adword : a risky business

In a recent decision (16 November 2015), the Court of Appeal in Mons (Belgium) has issued a prohibitory injunction against a company using a competitor’s trademark as an AdWord on Google. The parties were two companies specialized in the manufacture and s (...)

Published on 20-06-2016 +

The end of discrimination between tax authorities and ordinary creditors during a judicial reorganization

In a recent decision (18 February 2016), the Constitutional Court has prohibited tax authorities to take out a legal mortgage during a judicial reorganization procedure. The registration of the mortgage allowed tax authorities to benefit from a privileged (...)

Published on 19-05-2016 +

Pierre Philippe HARMEL joins CAIRN LEGAL as a Partner

Pierre Philippe Harmel has joined CAIRN LEGAL as of April 1st. Julie Docquier joined as well. His principal fields of expertise are commercial law, corporate law, commercial and civil lease, contracts and patrimonial law. He assists entrepreneurs and merc (...)

Published on 04-05-2016 +

Draft legislation regarding trust services for electronic transactions

On December 11, 2015, the Belgian Council of Ministers has voted a draft legislation to implement a European regulation on electronic identification and trust services for electronic transactions. The draft, which will implement a new title in the book XI (...)

Published on 14-03-2016 +

Electronic registrations of presences on construction sites: also for moderate works

In order to tackle fiscal fraud and social dumping in the construction sector, all workers present on construction sites need to register their presence daily, by electronic means, to the national social security administration (ONSS). The administration (...)

Published on 23-02-2016 +