The possibility not to perform a current rental agreement in the framework of the Act on the Continuity of Enterprises (Continuity Act)

In a recent judgement the Court of Appeal of Antwerp has ruled about the possibility for a tenant in judicial reorganization to put a premature end to a rental agreement. In the case which gave rise to the judgment, a tenant in state of judicial reorganiz (...)

Published on 28-01-2016 +

Undisputed debts collection : New legislation

On the 19th of October 2015, the so-called “Pot-Pourri I” law was adopted. One of the measures is related to the collection of debts which, under certain conditions, will be possible without going before a judge. In Belgium, a summary procedure of order f (...)

Published on 08-12-2015 +

Belgian rules related to announcements of price reductions have been repealed

Pursuant to a judgment of July 2014 of the European Court of Justice, where the Court has considered Belgian law violated European rules, the Belgian Parliament has voted the abolition of constricting rules of the Belgian Economic Code related to price ré (...)

Published on 29-10-2015 +

Brussels’ tourist accomodation regulation

The Brussels-Capital region has adopted new rules concerning peer-to-peer property rental. These rules are expected to enter into force at the beginning of 2016. Sharing economy, or collaborative consumption, stands for an economic model which has been a (...)

Published on 12-10-2015 +

Warranty clause or insurance contract?

More and more, we see that guarantee conditions of a product offered for sale on the market are presented as selling points. Guarantees thus become a competitive element. This can be explained through two examples. First, a car manufacturer offering sever (...)

Published on 21-09-2015 +

Non-competition clause: exceeding the authorised duration possible ?

In a decision of 23 January 2015, the Supreme Court ruled on a discussion about non-competition clauses. Such a non-competition clause is often stipulated in contracts related to assets purchase, licenses, management contracts,… If a non-competition claus (...)

Published on 29-07-2015 +

New rules for e-commerce – habits to be changed… as well as websites!

On the occasion of the progressive implementation of the Code of Economic Law, the legislator has transposed into Belgian law certain rules from a European Directive on electronic commerce. Consumer protection is enhanced and obligations on businesses are (...)

Published on 22-07-2014 +

New rules for loans to SMEs

Given that the financial crisis seriously affects SMEs and that banks do not easily grant loans to SMEs, a new act was adopted on 21 December 2013 that aims to better balance the relationship between the lender and the borrower as well as to ensure greate (...)

Published on 04-06-2014 +

Last measures before final cancellation of the bearer securities

Since 1st January 2014, bearer securities no longer exist in Belgium. By Act of 14 December 2005, they were automatically converted into dematerialized securities. The legislation has moreover been amended to organize the final stages of the process of de (...)

Published on 09-01-2014 +

Alternative dispute settlement of consumer disputes

The alternative dispute resolution (‘ADR’) helps consumers resolving their disputes about goods or services purchased with a professional, without judicial procedure, but through the intervention of an ADR entity that proposes or imposes a sol (...)

Published on 28-11-2013 +

News for real estate agents

As from 1 September 2013, date of entry into force of the new Act of 11 February 2013, real estate agents must register as real estate brokers or building managers. The legislation also recognizes a third category of real estate agent: real estate agent-m (...)

Published on 24-10-2013 +

Significant changes in the Continuity of Enterprises Act

On 1st August 2013, several amendments to the Continuity of Enterprises Act (CEA) came into force. These legislative changes are trying to set up solutions to misuses of the judicial reorganization procedure that frequently occur. The main changes are: an (...)

Published on 07-10-2013 +