15 Jun Towards an extension of the temporary reprieve up to 17.07.2020 ?

In the context of the pandemic, two decrees organize the suspension of certain enforcement measures concerning companies (Royal Decree n°15 of 24 April 2020 mentioned in our newsletters of 27 April 2020 and 18 May 2020) and individuals (law of 20 May 2020).

A bill is currently being examined on the subject aiming, initially, to correct an oversight in the law protecting private individuals which fails to prohibit the seizure on revenues even though it prohibits other seizures. However, it appears from this bill and its modification submitted on June 3 in Parliament, that the legislator intends to take advantage of this opportunity to, on the one hand, merge the protection of companies (Royal Decree No. 15) and of individuals (Law of 20.05.2020) into a single text and, on the other hand, to extend this double protection until July 17.

This extension of one month is not well received. Some judges and authors point out that if this protection was justified at the beginning of the crisis, but could now have perverse consequences. They also point out that the end of the moratorium could usefully be mitigated by the moderating power of the seizure judges, justices of the peace and company courts.

For more information on that subject, feel free to contact Virginie SCHOONHEYT esq. (virginie.schoonheyt@cairnlegal.be).

Best regards,
The Cairn Legal team