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Our areas of expertise include
- Market development
- Administrative support
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Corporate
- Company formation
- Acquisition of a company (M&A)
- Compliance
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Employment
- Personnel
- Secondment
- Compliance
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Commercial
- Distribution, contracts & GTC
- Debt collection
- Litigation
- Enforcement
Our lawyers have many years of experience in litigation in all areas of Belgian business law. We also regularly represent foreign clients in cross-border legal disputes before Belgian courts. Belgian procedural law differs from procedural law of other countries in many respects. Our multilingual lawyers will be happy to explain the differences between the Belgian court proceedings and that of your home country.
Unfortunately, cross-border business can sometimes lead to cross-border conflicts. For example, as a foreign entrepreneur you may be confronted with customers in Belgium who do not pay their invoices on time. It is often advisable to involve a Belgian lawyer in the out-of-court assertion of a claim in Belgium. We usually send the Belgian debtor a final reminder (see also Debt collection in Belgium). If the debtor still fails to pay after the reminder, the only option is often to take the matter to the Belgian courts. We will then initiate court proceedings and take care of all other necessary steps.
We can appear in court anywhere in Belgium. The language of proceedings in Belgium is Dutch (in Flanders) or French (in Wallonia). The courts in Brussels are bilingual, but the language of proceedings must always be agreed. An exception is the court district of Eupen, where the language of proceedings is German. We speak all the national languages and can therefore represent you in court throughout Belgium.
Jurisdiction within Belgium
If the rules on international jurisdiction indicate that a Belgian court has jurisdiction, it is still necessary to clarify the substantive and territorial jurisdiction within Belgium. This is governed by the Belgian Judicial Code (Code Judiciaire / Gerechtelijk Wetboek).
There are various jurisdictions in Belgium:
Court of first instance (tribunal de première instance / rechtbank van eerste aanleg) „Court of Peace“ (juge de paix / vrederechter) Corporate court (tribunal de l‘entreprise / ondernemingsrechtbank) Labour Court (tribunal du travail / arbeidsrechtbank) Police court (tribunal de police / politierechtbank)
- Court of first instance (tribunal de première instance / rechtbank van eerste aanleg)
- „Court of Peace“ (juge de paix / vrederechter)
- Corporate court (tribunal de l‘entreprise / ondernemingsrechtbank)
- Labour Court (tribunal du travail / arbeidsrechtbank)
- Police court (tribunal de police / politierechtbank)
- Court of Appeal (cour d’appel / hof van beroep)
- Labour Court of Appeal (cour du travail / arbeidshof)
- Court of Cassation (Cour de cassation / Hof van Cassatie)
The territorial jurisdiction of a Belgian court is generally based on the domicile of the debtor or the registered office of the legal entity that is being sued.
Jurisdiction within Belgium
Legal proceedings in Belgium are governed by the Belgian Judicial Code. Legal proceedings are initiated by filing a claim with the relevant court. Belgian law provides for various ways of commencing proceedings: As a rule, proceedings are initiated by the service of a summons by a judicial officer. Exceptions to this rule include the voluntary appearance, the adversarial statement of claim and the unilateral statement of claim, which are used only in cases provided for by law.
As a rule, the parties have the opportunity to present their arguments to the Court in writing by means of written submissions. An oral hearing takes place after the deadline for written submissions has expired. It is also possible in Belgium to end the dispute by agreement, or to be judged by default if the defendant does not appear.
Both parties may appeal against first instance judgements within one month of the judgement being served on the unsuccessful party.
As soon as you have an enforceable judgement, we will of course be happy to assist you with enforcement. You can find more information on this under Enforcement in Belgium.
Preventive attachement
In exceptional cases, it may be necessary to take provisional measures to ensure the security of your claims before a judgement is issued. In Belgium, this can be done by preventive attachment (saisie conservatoire / bewarend beslag). The court has the power to order the attachment of a wide range of movable and immovable, as well as intangible, property of the debtor. The court can also order the attachment of the debtor’s claims against third parties (e.g. credit in a bank account). The debtor is prohibited from disposing of, selling, giving away or pledging the attached property. A unilateral application for attachment is filed with the Belgian enforcement court, which is competent to issue the attachment order.
Legal fees & court costs
If a claim is asserted in court, court and lawyer’s fees will be incurred. In Belgian court proceedings, each party generally bears its own legal costs. However, the winning party receives a lump sum compensation from the losing party, based on the value of the claim.
Court costs are all costs incurred in court, such as stamp duty, registry and registration fees or bailiff and expert fees. Certain costs must be paid before the action is filed. The court costs are generally imposed on the unsuccessful party in the judgement.
Assistance in a contractual dispute relating to Belgian law
We are very glad we contacted Mr. Wirtz, as he represented us quickly, competently, clearly, and above all, successfully. If we need legal advice in the future, we will certainly reach out to him again. Thank you for your excellent work!
The support I received in my lawsuit was excellent. My questions were always answered quickly and accurately, and the legal assistance proved very successful. Thank you very much!
Representation in a damages case
Mr. Wirtz represented us excellently throughout the entire lengthy process of a construction damage case and kept us continuously informed of the key developments. His initial assessment of the case outcome proved to be accurate. Thank you very much!
Very pleasant and professional cooperation
Expert and pleasant communication during the legal settlement of our dispute with our Belgian agent, who later proved to have a poor reputation in our industry.
Do you have any questions?
Do you have any questions about market development? Do not hesitate to contact our specialist lawyer for employment and commercial law Marco Wirtz. By email at m.wirtz@euregio.law or by phone +32 11 29 47 01.
