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11/09/2020

Online payment authentication requirements further strengthened from 22 September 2020

 As part of the second European Payment Services Directive (i.e. Directive (EU) 2015/2366 of 25 November 2015 on payment services in the internal market) (PSD2), which entered into force in…
25/08/2020

Flemish government’s financial support to tenants who were forced to close their businesses due to COVID-19: Extension of the scope of the commercial lease loan to businesses of the events sector as per 12 June 2020.

  The Flemish government already announced on 29 May 2020 that they would provide a commercial lease loan (‘handelshuurlening’ / ‘prêt de bail commercial’) to tenants who were forced to…
25/08/2020

Covid-19 update: A new record keeping obligation and compliance check for employers and users relying on foreign workers or self-employed individuals in the construction, cleaning, meat, agriculture and horticulture sectors.

  As part of some new measures that aim to reduce the further spread of the Covid-19 virus, the Belgian government has recently imposed a new record keeping obligation upon…
20/08/2020

The new prohibition on abuses of economic dependence enters into force in Belgium

  The Belgian Parliament introduced the prohibition on abuse of economic dependence in an Act of March 2019 to protect undertakings that are economically dependent on their suppliers or buyers.[1]…
19/08/2020

The Lending and Secured Finance Review

The volume of credit in Belgium has risen over the past few years. Despite the increased attention given to alternative finance methods, banks remain the main suppliers of credit in…
11/08/2020

New rules on temporary unemployment as of 1 September 2020: start making preparations now

  From 1 September 2020, new rules on temporary unemployment will enter into force.
05/08/2020

A-G’s opinion on SABAM’s tariffs for festivals

In our blogpost of 30 April 2019, we discussed the legal dispute between festival and concert organisers, on the one hand, and SABAM, on the other hand, regarding SABAM’s tariffs…
30/07/2020

Understanding payment services

The provision of payment services is a licenced activity in the EU. Payment services providers are regulated by the European Directive (EU) 2015/2366, better known as PSD2. In Belgium PSD2…
28/07/2020

(Shop Based) Commercial Agent Protected even in the Absence of the Power to Negotiate the Price

In Trendsetteuse (C-828/18), the Court of Justice of the EU held that in order to be protected under the Commercial Agency Directive, it is not required that the commercial agent…
27/07/2020

Sports and competition law: An overview of EU and national case law

In 1974 the Court of Justice of the EU (“CJEU”) concluded in its famous Walrave and Koch case that sport is subject to EU law as far as it constitutes…
24/07/2020

The Belgian Competition Authority confirms that Belgian merger control rules apply to the creation of loco-regional hospital networks pursuant to the Act of 28 February 2019

Following the recent legislative amendment obliging hospitals to establish and be part of a loco-regional hospital network,[1] the Belgian Competition Authority (‘BCA’) published on 22 July 2020 a note setting…
16/07/2020

The Belgian Chapter in the Merger Control Review- 11th Edition

Check whether your merger or acquisition needs prior clearance from competition authorities.  Our experts Carmen Verdonck and Nina Methens give an overview of the Belgian merger control rules,  the recent trends and developments in…
10/07/2020

Towards new EU rules for preventing packaging waste

The European Commission (“EC”) is collecting data and feedback from stakeholders about the European Union’s (“EU”) current rules on packaging and packaging waste. Based on these insights, it will propose…
10/07/2020

Belgium’s implementation of the new EU Posted Workers Directive: What is the impact for employers posting workers to Belgium?

  With the Act of 12 June 2020, Belgium is implementing EU Directive 2018/957 amending Directive 96/71/EC on the posting of workers, by providing, amongst others things, adjustments to the…
10/07/2020

The National Labour Council has confirmed its initial proposal to hold the social elections between 16 and 29 November 2020

  The Act of 4 May 2020 suspended the ongoing social elections procedure due to the Covid-19 pandemic. The procedural steps up and including day X + 35 still had…
07/07/2020

The obligation of prior environmental assessment once again interferes with our energy supply

The Court of Justice has recently decided that Flemish rules establishing a framework for the development consent for wind turbines infringe the EU rules on prior environmental assessment. The Flemish…
06/07/2020

New unfair trading practices in the food supply chain

Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead…
30/06/2020

Share-related benefits granted by a foreign parent company: new Esko ruling strengthens the NSSO’s position that social security contributions are due

Since the third quarter of 2018, the National Social Security Office (NSSO) has substantially broadened its interpretation of what is to be understood as ‘salary’ subject to social security contributions.…
18/06/2020

10 quick-and-key questions on a safe return to work with Covid-19

  With the exit from the lockdown now in full force, more companies are bringing their staff back to their work premises. We have listed 10 quick-but-key questions that every…
11/06/2020

Advocate General advises EU Court of Justice to confirm fine for pay-for-delay agreements by Lundbeck

In an opinion of 4 June 2020, Advocate General Kokott has advised the Court of Justice of the European Union (“CJEU”) to uphold a 2013 fine imposed by the European…
11/06/2020

No retroactive suspension of the notice period in the event of 'corona' temporary unemployment

Updated on Monday 15 June- 2pm   Up until now, there has been no suspension of a notice period served upon an employee who has been made temporarily unemployed under…
09/06/2020

Cancelled events: ticket refunds?

In the past months, many events including concerts, sports competitions, festivals, plays and musicals, have been cancelled or postponed due to the coronavirus pandemic and the related measures taken by…
09/06/2020

The CJEU has clarified the transparency rules on the publication of online flight prices

On 23 April 2020, the Court of Justice of the EU (‘CJEU’) clarified earlier case law that obliges each airline to indicate in its initial online price offer(s), the airfare…
22/05/2020

Employment Ministry's and DPA's new positions on checking employees' temperatures

  The controversial issue of whether employers can check their employees' temperatures has been much debated. Both the Employment Ministry and the Data Protection Authority (DPA) have recently changed their…
21/05/2020

Extension of Doel 1 and Doel 2 is illegitimate but our energy supply is safe for now …

On 5 March 2020, the Constitutional Court annulled the extension of Doel 1 and Doel 2 because this extension infringed EU legal provisions concerning environmental assessments. Nevertheless, the Belgian energy…
07/05/2020

Digital related Coronavirus Updates

  In this space, we will mention all COVID-19 updates related to our Angle Digital.
06/05/2020

Media & Entertainment related Coronavirus updates

  In this space, we will mention all COVID-19 updates related to our Angle Media & Entertainment.  
06/05/2020

Life & Health related Coronavirus Updates

  In this space, we will mention all COVID-19 updates related to our Angle Life & Health.
06/05/2020

Due to the Covid-19 crisis, the European Commission has adopted temporary derogations from certain EU competition rules in the dairy, flower and potato sectors.

Article 222 of EU Regulation n°1308/2013, which establishes a common organisation of the markets in agricultural products, gives the European Commission the power to adopt temporary derogations from the cartel…
06/05/2020

Covid-19 outbreak: Aid measures in the cultural sector

  To limit the spread of Covid-19, all indoor and outdoor private and public cultural, festive, recreational, leisure and sport activities /events are prohibited until at least 10 May 2020…
04/05/2020

Weathering The Crisis: What Future For Real Estate?

  COVID-19 is having a massive impact on the retail sector. How will this develop in the short and long term? What is the future of brick-and-mortar retailers? Will the…
30/04/2020

“The Show Must Go On”: Protection against creditors during the COVID-19 crisis

  Queen’s song was clearly not about COVID 19 but the message remains the same: even if the music industry is struggling, the show must go on! It is undeniable…
22/04/2020

Belgium adopts Act increasing the transparency of managed entry agreements

On 16 April 2020, a new Act was adopted by the Belgian parliament to increase the transparency of managed entry agreements (‘MEA’) concluded between pharmaceutical companies and the National Institute…
20/04/2020

Belgian federal government restricts the sale of personal protective equipment and medical devices that can be used in the fight against Covid-19 - Updated

Updated on Thursday 7 May 2020 -6pm On 23 March 2020, a Ministerial Decree on special measures in the context of the SARS-CoV-2 pandemic on the basis of Book XVIII…
16/04/2020

How has COVID-19 affected the hospitality industry?

Updated on Monday 10 August 2020 -10am The National Security Council has taken numerous measures in the fight against COVID-19 that were most recently updated through the Ministerial Decree of…
16/04/2020

Ambitious Europe: the European Commission unveils its policy strategy on Artificial Intelligence

  On 19 February 2020, the European Commission released its White Paper on Artificial Intelligence (“AI”), which sets out policy options on how to achieve the double goal of (1)…
09/04/2020

Belgium takes measures to avoid medicine shortages during the COVID-19 pandemic

  On 8 April 2020, the Belgian federal agency for medicines and health products (‘FAMHP’) adopted a consolidated version of its decision (the ‘Decision’) taking the following urgent measures for…
01/04/2020

Reimbursement of medicinal products in times of pandemics and budgetary constraints: why quick fixes do not work

  With national governments scrambling to take measures in order to counter the Covid-19 pandemic, we are again confronted with the fact that a EU common policy in the healthcare…
30/03/2020

Social elections postponed

As announced in our yesterday newsflash, it has now been confirmed that the social partners have reached an informal consensus to postpone the 2020 social elections. In the coming days,…
18/03/2020

CJEU clarifies when reverse payment patent settlements can be anticompetitive

In its ruling of 30 January 2020, the Court of Justice of the European Union (‘CJEU’) has clarified for the first time the criteria governing whether a reverse payment settlement…
17/03/2020

Postponing of the social elections procedure due to Covid-19

Updated on Monday 11 May 2020- 11am    As already announced in our previous newsflashes, the social partners have decided to suspend the current social election procedure because of the…
13/03/2020

Flemish wind turbine rules could infringe EU rules on prior environmental assessment

  Advocate General Sánchez-Bordona has concluded in a recent legal opinion that several Flemish rules regarding wind turbines infringe the EU rules on prior environmental assessment. If the Court of…
04/03/2020

Day X+35: the filing of the candidates’ lists

  On X+35 at the latest (i.e. between 17 and 30 March 2020 depending on the chosen election day), the candidates’ lists per category of personnel (blue- and white collar…
04/03/2020

Limits to privileged claims

A company (debtor) involved in reorganisation proceedings is in principle not protected against new claims that originate after the reorganisation proceedings have been opened (for further details please see "Reorganisation…
02/03/2020

The DPA approves a draft Act prohibiting life and health insurers from processing health sensor data

  The Belgian data protection authority (DPA) has approved a draft Act that prohibits life and health insurers from processing the health sensor data of their insurance holders. The Belgian…
26/02/2020

To FIDIC or not to FIDIC? Five pitfalls for contractors to keep in mind

  Working on an offshore wind power project in the Atlantic Ocean for the Japanese government but headquartered in Belgium? Flying over from Russia to construct Belgian railways by order…
25/02/2020

Belgian investment funds: new questionnaire on the professional integrity and adequate expertise of candidates for regulated functions

  The Belgian Financial Services and Markets Authority (“FSMA”) has published a new questionnaire on the professional integrity and adequate expertise of candidates for the regulated functions of investment funds…
17/02/2020

Night work in e-commerce in 2020: nothing new under the sun?

  With e-commerce growing at an unprecedented rate all over the globe, in the past few years the Belgian legislator has taken several measures - both temporary and permanent -…
12/02/2020

CJEU sheds light on the "Country of Origin" concept

  In the run-up to the entry into force of specific rules on country of origin labelling (“COOL”) for primary ingredients, the CJEU has recently clarified both the concept of…
11/02/2020

Property law and real estate structures finally modernised: Book III of the Belgian Civil Code has been approved!

  On 30 January 2020, the new Book III on Goods was approved by the Belgian parliament (hereafter “Book III”). The new updated Belgian Civil Code will consist of nine…
11/02/2020

Day X: posting of the notice announcing the date of the elections

  On day X, i.e. between 11 and 24 February 2020, depending on the chosen election day, the Works Council and/or the CPPW, or, in their absence, the employer, must…
10/02/2020

Brussels Market Court orders Belgian Competition Authority to review fine imposed on the Order of Pharmacists

  Following the Belgian Competition Authority’s decision to impose a one million euro fine on the Belgian Order of Pharmacists for restrictive practices towards MediCare-Market, the Belgian Order of Pharmacists…
04/02/2020

Global IP Awards winners named at gala dinner in London

  IAM and WTR hosted the Global IP Awards, recognising the outstanding achievements of patent and trademark attorneys and law firms from over 50 countries.
04/02/2020

’Cash for car’ crashed

  On 23 January 2020, the Constitutional Court annulled the law introducing a mobility allowance. This law allows an employee to exchange his/her company car for cash compensation, called the…
03/02/2020

New Belgian Act on medicinal product shortages

  On 3 February 2020, the Belgian Act of 20 December 2019 amending various legal provisions concerning shortages of medicinal products (‘Act’) was published in the Belgian State Gazette. The…
31/01/2020

The 2020 Action Plan of the Social Information and Investigation Service : its highlights and focus areas

  The Social Information and Investigation Service (“SIOD/SIRS”) has published its 2020 Action Plan “Fight against Social Fraud and Social Dumping”. This plan reveals the strategy and the top priorities…
28/01/2020

Cunina Haïti Coverage - ten years after the earthquake (RingTV)

  Cunina has released their reportage covering Haïti, ten years after the earthquake. Our managing partner Sylvie Dubois explains why we support this charity with all our hearts.   Watch…
27/01/2020

ALTIUS has contributed to the 2020 Edition of the ‘European Employment Law Update’ that covers 34 countries in Europe

  ‘European Employment Law Update’ is an annual guide that compiles updates on employment law from leading law firms all over Europe.
20/01/2020

Top law firms ALTIUS and Tiberghien join their sports expertise in ATFIELD

  Brussels – The sports departments of full service law firm ALTIUS and the tax law firm Tiberghien have joined forces to establish a new legal service provider in the…
10/01/2020

ALTIUS appoints a new Counsel!

  With the New Year come new opportunities! ALTIUS is proud to announce that Sophie Lens has been appointed as Counsel from January 2020.
07/01/2020

Employers, be aware of the “hidden protection period” kick-off!

  The “hidden protection period” is one of the most remarkable features of the social elections process. The hidden protection period is the period during which candidates already benefit from…
30/12/2019

Patenting blockchain

  While much has been written already regarding blockchain and its many exciting applications for the future, not much has been said on how you can adequately and legally protect…
26/12/2019

Energy opportunities in the DRC

Opportunities to support and develop energy projects in the DRC are abundant. To create a more stable environment, energy is the DRC’s first economic priority. Any company active in the…
23/12/2019

The CEPANI 2020 Arbitration Rules: 10 noteworthy changes

CEPANI, the Belgian Center for Arbitration and Mediation, has issued a revised version of its Arbitration Rules (“Rules”). The 2020 Arbitration Rules mark CEPANI’s 50th anniversary and enter into force…
19/12/2019

The International Comparative Legal Guide to: Real Estate 2020

  One of our partners, Lieven Peeters, is pleased to announce that the International Comparative Legal Guide to: Real Estate 2020 has been published.
16/12/2019

X – 60: What are your obligations?

  On X – 60, i.e. between 13 and 26 December 2019, depending on the chosen election day, the employer must provide the Works Council and/or the CPPW, or, in…
13/12/2019

Clawback: chasing assets

  This article reflects on some of the options offered under Belgian law by the actio pauliana, commonly referred to in English as the 'clawback' rules (for further details please see…
10/12/2019

The new Plant Health Regulation is ready to take off as of 14 December 2019

Pests threaten plant health. To fight the increased risks owing to the further globalisation of trade and climate change, the European legislature has adopted measures concerning the determination and reduction…
06/12/2019

Is your company ready for the Incoterms 2020?

On 1 January 2020, the new Incoterms® 2020 as published by the International Chamber of Commerce (ICC) will come into force. The Incoterms 2020 remain global standards that, if they…
15/11/2019

Bitcoin and cryptocurrencies: can a company be incorporated through contributions consisting of cryptocurrencies?

The era of cryptocurrencies has come: whilst they were initially used as a specific means of payment and as a source of investments other functions are now being explored, such…
12/11/2019

Whistleblowing employees soon to be protected against retaliation measures?

  On 7 October 2019, the EU Council approved the Directive on the protection of persons who report breaches of Union law. This Whistleblower Directive seeks to introduce effective whistleblower…
05/11/2019

The Belgian Competition Authority imposes a fine on the Order of Pharmacists

On 16 October 2019, the Belgian Competition Authority (“BCA”) imposed a fine of 225,000 EUR on the Order of Pharmacists (“Order”) for disciplinary sanctions restricting the pharmacists’ possibility to advertise…
31/10/2019

Social elections 2020: Homeworkers can vote from their ‘home office’

More and more employees structurally work from home (with fixed homeworking days). Assuming the social elections date falls on an employee’s regular homeworking day, such an employee no longer needs…
28/10/2019

Direct lines in Flanders: 5 points of attention

Recently, the VREG started authorizing direct lines for electricity more easily. This brings new opportunities for companies near an electricity production site, such a wind farm or solar park. However,…
24/10/2019

The Belgian Competition Authority publishes Guide on the exchange of information in the framework of associations of undertakings.

On 1 October 2019, the Belgian Competition Authority (“BCA”) published its new Guide on the exchange of information in the framework of associations of undertakings (“Guide”).  With this Guide, the…
18/10/2019

Effect of EU preventive restructuring directive on Belgian insolvency framework

On 31 January 2009 the Belgian Business Continuity Act (BCA) was passed into law. The BCA'sobjective is to protect companies in financial difficulty from their creditors so that a reorganisation…
14/10/2019

Incentives and public procurement in the healthcare sector: be careful what you wish for!

Since the European Court of Justice’s ruling C-300/07 of 11 June 2009, hospitals and other health institutions must abide by public procurement law to the extent that they are at…
09/10/2019

The Merger Control Review, Tenth Edition: Belgium

Carmen Verdonck and Nina Methens have written the Belgian chapter in the Merger Control Review, tenth edition (edited by Ilene Knable Gotts). The chapter provides an overview of the latest trends…
20/09/2019

Towards a harmonised employee status by levelling up... Janssen Pharmaceutica sets an example

In the life-sciences industry, many companies still make a distinction between the blue-collar and white-collar members of their workforce, often with significant differences in the applicable employment terms and conditions.…
18/09/2019

The arrival of the UBO register or the "register of wealth" - what you need to know

The Anti-Money Laundering Act of 18 September 2017 (hereafter the “Belgian AML Act”), which transposes the fourth European Anti-Money Laundering Directive, has put in place the Register of Ultimate Beneficial…
05/09/2019

ALTIUS invests heavily in legal tech

The first development is a scalable GDPR application that combines ALTIUS' expertise with the LeyQi automation tool
28/08/2019

New research exemption under Belgian patent law?

On 19 December 2017, the legislative package on the implementation of the UPC was approved by Belgian Parliament. While the entry into force of this new legislation has been delayed…
09/08/2019

Embedding 'Like' buttons: what are the GDPR consequences for website operators after the Fashion ID ruling?

A website operator who has embedded a Facebook “like” button on its website qualifies as a “joint controller” together with Facebook and so can be held liable for the collection…
08/08/2019

State aid and football stadiums: a Belgian case

In recent years, a significant part of the case law relating to state aids in the sport sector have revolved around infrastructures. Belgium has been a trendsetter on this topic,…
05/08/2019

European skies are ready for drones. Are you?

In a previous blogpost, we announced that the European authorities were in the process of developing EU-wide rules and procedures for operating civil drones. Recently, these rules were adopted in…
17/07/2019

EU Commission going after restrictions of cross-border and online sales within the EU Single Market

In June 2017, the European Commission opened formal investigations into Nike's, Sanrio's and Universal Studios' licensing and distribution practices to find out whether they restricted traders from selling licensed merchandise…
04/07/2019

GDPR’s first birthday in six lessons

The general data protection regulation (GDPR) just celebrated its first anniversary.  Although it seems that EU businesses and individuals are well aware of its existence, some controllers and processors are…
03/07/2019

Legal changes for sports agents doing business in Flanders

The Flemish Government has introduced new rules regarding sports agents, which introduce important obligations for agents active in Flanders, such as necessary registration and a mandatory guarantee deposit, and that…
02/07/2019

Has the Supreme Court confirmed the NSSO’s position regarding share related benefits granted by a foreign parent company?

In September 2018, the National Social Security Office (NSSO) caused a ‘minor earthquake’ by substantially broadening its interpretation of what is to be understood as ‘salary’ subject to social security…
20/06/2019

In the shadow of the DSM Directive: the new Online Broadcasting and Retransmission Directive

After years of ‘blood, sweat and tears’, the European Parliament finally adopted the highly-controversial Directivee on Copyright in the Digital Single Market (“DSM Directive”) on 26 March 2019. Whoever thought…
18/06/2019

Belgian Competition Authority fines the Order of Pharmacists

On 28 May 2019, the Competition College of the Belgian Competition Authority (“BCA”) imposed a fine of one million euros on the Order of Pharmacists (l’Ordre des pharmaciens – Orde…
06/06/2019

Pledging of intellectual property rights: an important aspect of lending for pharmaceutical, chemical and biomedical companies

The long-awaited entry into force of the Belgian law of 11 July 2013 on security interests over movable assets on 1 January 2018, which introduces a new title XVII in…
28/05/2019

PSDII: a level playing field in the payment services industry?

The EU adopted the Second Payment Services Directive (PSDII) to level the playing field in the payment services industry by introducing the principle of “open banking”. The underlying idea of…
27/05/2019

Belgian court applies Turkish Agency Law

In a case with significant precedent value, the Ghent Commercial Court, under Article 7.1 of the 1980 Rome Convention, applied Turkish Agency Law to a dispute between a Turkish agent…
24/05/2019

Navigating Belgian nightlife: lessons to be learned from the ‘Kompass case’

On 13 March 2019, the Mayor of Ghent decided to close Kompass Klub, which in 2018 was voted the best nightclub in Belgium, because of drug-related incidents. The club successfully…
24/05/2019

Autonomous vehicles and insurance: 5 challenges, 3 opportunities and 1 certainty

As insurance coverage will be profoundly different when (all) cars on the road are autonomous, a lot of strategic and legal insight is required to overcome the challenges and grasp…
23/05/2019

New rules to deal with the unavailability of medicinal products in Belgium

An Act of 7 April 2019 has introduced new measures in Belgium to deal with the unavailability of medicinal products on the Belgian market. The first measure is that a…
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