Belgium updates

Aviation

Contributed by HFW
Royal decree on passenger name record data enters into force
  • Belgium
  • October 04 2017

In the aftermath of the numerous terrorist attacks in the European Union, EU member states agreed that additional measures were needed regarding the use of passenger name record data. Belgium has implemented a legal framework for passenger name record data based on EU legislation. It is hoped that the framework will enable all actors to achieve the main aim of fighting terrorist threats and serious crime.

How to deal with aeronautical accidents and incidents
  • Belgium
  • June 21 2017

As part of the Federal Public Service for Mobility and Transport, the Belgian Civil Aviation Authority is responsible for developing and maintaining the Belgian Aviation Safety Programme (BASP) in accordance with EU and international requirements on behalf of the state. The cornerstones of the aviation safety policy set out in the BASP are safety management, continuous improvement and a risk-based approach.

Drones: new legal framework
  • Belgium
  • November 23 2016

A legal vacuum has been filled with a new royal decree on the use of remote controlled aircraft in Belgian airspace. All market players ‒ from manufacturers to service providers ‒ can now develop their activities within the new legal framework, under which safety is paramount. The new regulatory regime provides the required legal certainty to commercialise and operate drones in Belgium, which has been welcomed by the sector.

Registration of aircraft in Belgium
  • Belgium
  • May 11 2016

The Chicago Convention provides that all aircraft must be registered with a national aviation authority and must carry evidence of this registration in the form of a certificate of registration at all times when in operation. The Belgian Aircraft Registry is an operator registry, meaning that aircraft are registered under the name of the operator only. In order to register an aircraft, an operator must submit documents evidencing its title, ownership or lease over the aircraft.

Drones: unidentified legal objects?
  • Belgium
  • December 09 2015

Legislation governing the civil and commercial use of drones in Belgium is limited, but a recently announced draft royal decree aims to fill the legal vacuum. Under the decree, commercial operators will need to register their activity with the Belgian Civil Aviation Authority and take out specific insurance. However, the decree will not apply to toy drones used by children under 14 or to drones used solely for recreational purposes.


Competition & Antitrust

Contributed by Simmons & Simmons LLP
Belgium implements EU Damages Directive
  • Belgium
  • August 03 2017

The act transposing the EU Damages Directive into Belgian law was recently officially published. Among other things, the implementation of the directive has established a rebuttable presumption that cartels cause harm, which did not previously exist under Belgian law. In addition, the binding effect of the Belgian Competition Authority's decisions before the Belgian courts now has a legal basis.

Competition Authority imposes fines on bid-rigging cartel
  • Belgium
  • June 01 2017

In a recent settlement decision, the Belgian Competition Authority imposed total fines of €1.8 million on five undertakings involved in a bid-rigging cartel. The decision relates to a public tender launched in 2008 by Infrabel, the Belgian railway infrastructure operator. The tender was for the delivery and onsite installation of electrical circuit equipment and related technical assistance.

Competition Authority steps up fight against vertical restraints
  • Belgium
  • May 25 2017

A recent Competition Authority decision is another example of its fight against vertical restraints. The Competition Authority fined yeast supplier Algist Bruggeman and its parent companies €5.5 million for resale price maintenance, exclusive customer allocation, long-term non-compete obligations and abusive exclusionary practices in the market for compressed fresh yeast and stabilised liquid fresh yeast sold to artisan and semi-artisan bakers.

Competition Authority rejects request to suspend acquisition
  • Belgium
  • March 02 2017

In a recent decision, the Competition Authority established the circumstances in which it will review concentrations that remain below the EU and Belgian notification thresholds. The most noteworthy part of this decision is the authority's recognition that, in certain well-defined circumstances, concentrations that fall outside the scope of the Belgian merger control regime may still be subject to review.

Competition Authority reviews most-favoured nation clauses in real estate e-commerce software contracts
  • Belgium
  • February 23 2017

The Competition Authority recently closed its investigation into real estate website operator Immoweb's most-favoured nation clauses in its contracts with developers of e-commerce software used by real estate agencies. When informed of the authority's preliminary analysis, Immoweb offered to revoke the existing most-favoured nation clauses in its contracts and refrain from reintroducing them in any future contracts with software developers for five years.


Insolvency & Restructuring

Contributed by ALTIUS
Administrator liability in bankruptcy framework
  • Belgium
  • November 03 2017

Parliament recently voted into law the federal government's proposal to introduce a new chapter on insolvency into the Code of Economic Law. Among other things, the new chapter concerns the potential liability of former directors of a bankrupt company. Some of the new principles already partially existed in Belgian law, but have been amended by the new chapter, which also broadens certain concepts which will thus apply to a wider range of entities.

Reorganisation plan: position of secured creditors
  • Belgium
  • July 21 2017

The Business Continuity Act aims to enable debtors in difficulty to continue their activities by restructuring their debts. One of the proceedings that the act introduced is the reorganisation of debt pursuant to a restructuring plan. The restructuring plan may consist of several measures, including the waiver of certain debts. However, none of these measures (with the exception of a temporary stay on the enforcement of claims) may be imposed on secured creditors, unless they expressly agree to it.

Changes to insolvency regime proposed
  • Belgium
  • May 12 2017

The government recently undertook steps to modernise and broaden its insolvency legal framework and submitted a proposal to Parliament intended to introduce a new chapter to the Code of Economic Law. The proposal will update the Bankruptcy Act and the Business Continuity Act. The government proposal will be discussed in Parliament in the coming weeks and could be accepted before the summer recess.

Insolvency in franchising relationships
  • Belgium
  • February 17 2017

Franchisees are often unable to fulfil their payment obligations. The special cooperative relationship between a franchisor and its franchisee usually leads to negotiations and contractual agreements between the parties regarding the repayment of accumulated debts. However, the franchisee may still become insolvent. A key question is whether showing leniency in the context of insolvency proceedings will be beneficial or detrimental to a franchisor.

Reorganisation proceedings: access and possibilities
  • Belgium
  • December 02 2016

The Business Continuity Act of January 31 2009, amended in 2013, provides for specific (court-supervised) restructuring proceedings, during which the company (or debtor) is protected against its creditors' claims so that it can reorganise its business. For debtors, one of the act's major advantages is its 'open-gate' approach. In essence, this approach means that court protection is granted if the company's continuity is threatened and the debtor files a request in this regard.


Intellectual Property

Contributed by ALTIUS
Parallel import of medicinal products
  • Belgium
  • November 06 2017

Merck Sharp & Dohme (MSD) recently sued PI Pharma before the Brussels Commercial Court for the parallel import and repackaging of one of MSD's medicinal products. MSD based its claim on the alleged violation of the first, third and fourth Bristol-Myers Squibb conditions. Although this is not the first time that the Brussels Commercial Court has been involved in a dispute over the parallel importation of medicinal products, the judgment further refines the scope of certain Bristol-Myers Squibb conditions.

Court issues decision on parallel importation of debranded Mitsubishi forklift trucks
  • Belgium
  • April 10 2017

In a recent judgment, the Brussels Court of Appeal ordered two parallel traders to pay provisional compensation of €3 million to the Mitsubishi Corporation for illegally importing hundreds of Mitsubishi forklift trucks which had been on the Asian market into the European Economic Area via parallel trade routes. The court held that the parallel traders had failed to provide conclusive evidence that Mitsubishi, the proprietor of the Benelux and EU trademarks, had consented to the parallel trade.

Court rules on use of competitor's trademark as AdWord
  • Belgium
  • May 02 2016

The Mons Court of Appeal recently issued a judgment in a dispute between Verabel, holder of a complex trademark, and Verandas Confort, which used the word VERABEL as a Google AdWord. The court found that the AdWord VERABEL created likelihood of confusion between the goods concerned and infringed the trademark's function of origin. As a result, Veranda Confort was ordered to cease using the AdWord.

Supreme Court defines online patent-infringing offer
  • Belgium
  • April 04 2016

The Supreme Court recently issued a judgment in a dispute between a European patent holder and Swiss-based medical and dental equipment manufacturer Nouvag. The court confirmed that Nouvag had failed to comply with an order not to offer an infringing product in Belgium, as the product was presented on its website as being available throughout Europe. The judgment provides clarity on 'offering' as an act of patent infringement in Belgium.

Potpourri I: patents and suspensive effect of appeals
  • Belgium
  • January 25 2016

The Potpourri I reform of civil procedure has made the suspensive effect of an appeal the exception rather than the rule. This could change the stakes of first-instance patent revocation cases. A literal reading of the relevant provisions suggests that, as a rule, a first-instance judgment revoking a patent is now enforceable pending an appeal. It thus makes sense to request the first-instance court to exclude the provisional enforcement of patent invalidity decisions.