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- Enforcement
Have you obtained a court judgement in your home country that you would like to have enforced in Belgium? Or perhaps you are interested in applying for a European order for payment as part of the European order for payment procedure, with a view to having it enforced in Belgium? Our law firm specialises in the enforcement of foreign judgements in Belgium.
Enforcing claims in Belgium is often perceived by foreign clients as difficult and complicated, which is often the reason for their reluctance to do business abroad. These concerns are unfounded. We can help you enforce your claims in Belgium. Below you will find information on the time limits applicable under Belgian law and the role of the bailiff in the enforcement procedure.
A. Enforcement of a foreign judgement in Belgium
The enforcement of a foreign judgement in Belgium is facilitated by Regulation (EU) No. 1215/2012 (Brussels Ibis Regulation). The regulation governs the recognition and enforcement of court judgements in civil and commercial matters from other member states. It applies to so-called adversarial judgements (judgements in which the defendant has defended himself) and default judgements against consumers.
Service of the enforceable judgement with certificate
You can enforce your foreign judgement in Belgium if you have a copy of the enforceable judgement you have become in another country and a „certificate of a decision in civil and commercial matters“ (so-called enforcement certificate). In this certificate, the court of origin confirms that the proceedings were duly initiated and that the judgement is final and enforceable. You must apply for the certificate from the court that issued your judgement. You can do this during the original proceedings or at a later date if you wish. It is advisable to obtain a translation of the certificate and the judgement in order to avoid delays in subsequent enforcement. We can arrange the translation for you.
A copy of the foreign judgement must then be served on the debtor together with the certificate by a Belgian bailiff. Enforcement in Belgium is carried out in accordance with Belgian law. Prior to the initiation of enforcement measures, the debtor is served with a payment order. This payment order is a formal request for payment and should therefore be regarded as a final warning to the debtor, who may still avoid enforcement by making a payment. After a reasonable period of time has elapsed (in practice, approximately 15 days), final enforcement can be initiated.
Foreclosure
Once the waiting period has expired, the debtor’s assets can be attached by the bailiff. The attachment can be made on movable and immovable property or on receivables. The attached movable property may be sold to the debtor no earlier than one month after service of the official attachment protocol. This period is intended to give the debtor a final opportunity to prevent the sale. The proceeds must be paid out to the creditors, including those who have not attached the property.
In the event of property being seized, an attachment order is first entered into the land register. This renders the property unavailable. Upon request, the enforcement court will appoint a notary to sell the property and draw up a distribution plan. The proceeds are then distributed to the individual creditors according to the agreed order of priority.
The debtor’s claims against third parties (e.g. credit balances in a bank account) can also be attached.
Default judgement between companies
The enforcement of a foreign default judgement between companies in Belgium is also unproblematic under Regulation (EC) No 805/2004. The prerequisite for enforcement is that the default judgement is granted as a European Enforcement Order for uncontested claims. This must be applied for at the court that issued the default judgement. The execution of the judgement as a European Enforcement Order is then sufficient to enforce the claim in Belgium.
Insolvency of the debtor
Unfortunately, we have seen more and more recently that enforcement in practice is complicated because the Belgian debtor is involved in insolvency proceedings. But we are prepared for this as well. We can help you with the registration of your claim in the insolvency proceedings, with the possible return of goods belonging to you on the basis of a retention of title or with negotiations with the insolvency administrator.
As you can see: Our expertise in this field allows us to seamlessly enforce foreign judgements in Belgium. We can assist you in enforcing a foreign judgment against a Belgian debtor, working closely with our local bailiff partners.
B. European order for payment procedure
In the event that Belgian customers fail to fulfil their payment obligations, a relatively straightforward procedure exists for the recovery of uncontested claims: the European order for payment procedure. This is a less complex and less expensive alternative to traditional court proceedings.
In the European order for payment procedure, you apply for a European order for payment to be issued. The European order for payment procedure offers the advantage of direct enforceability in all EU countries through a single service. An examination by the state of enforcement does not take place. This speeds up the procedure. The legal basis for the European order for payment procedure is Regulation (EC) No. 1896/2006 – European order for payment regulation.
1. Area of application
You can use the European order for payment procedure in all civil and commercial matters with a cross-border dimension. This means that the parties must have their place of residence or business in another EU member state. The procedure only applies to monetary claims that are quantified and due. It is also important to note that the European order for payment procedure can only be used if the monetary claim is not disputed by your Belgian debtor. If the claim is disputed, you must summon your debtor to court (see Litigation in Belgium).
2. Course of the procedure
The European order for payment procedure is carried out using a series of forms and is therefore a purely written procedure. Below you will find an overview of the individual procedural steps and forms.
- A: The first step is to contact the court with subject-matter and local jurisdiction. Here you should first clarify which country has jurisdiction and which court has jurisdiction for the European order for payment procedure. An application for a European order for payment against a Belgian debtor must be made either in your home country or in Belgium. The precondition for applying for a European order for payment is a valid contractual agreement on a foreign court of jurisdiction. In France, for example, the tribunal de première instance (local court) has exclusive jurisdiction as the European order for payment court. If no foreign jurisdiction has been validly agreed, the application for a European order for payment must be made in the debtor’s country of residence, i.e. in Belgium. Unlike in some other countries, there is no centralised jurisdiction in Belgium; instead, the court of the debtor’s domicile has jurisdiction.
- B: The creditor initiates the European order for payment procedure by submitting an application for a European order for payment using form A. This form can be completed online on the European Commission’s website. This form can be completed online on the European Commission’s website.
- C: The court examines whether the requirements set out in the Regulation have been met and whether the claim appears to be justified. If the court accepts your claim, the payment order is issued and served on the debtor. The debtor then has two options: He can accept the payment order and pay, or he can object to it within 30 days of service.
The debtor’s opposition to the European order for payment generally leads to court proceedings. However, the creditor may indicate in his application for a European order for payment that court proceedings will not automatically be instituted if the debtor lodges a statement of opposition. This information will not be communicated to the debtor.
- D: If the objection period has expired without the debtor having lodged an objection and the debtor has still not paid, the court will declare the European order for payment enforceable. The payment order can then be enforced in Belgium in accordance with Belgian law. The defendant can no longer contest the payment order unless there is a case of force majeure.
We provide comprehensive support for the application of European orders for payment in Belgium, as well as the enforcement of orders for payment in your home country against Belgian debtors.
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.
