News

December 2, 2022

Are parallel importers necessarily allowed to rebox medicines in case of visible traces from ATDs? The CJEU says NO

Pharmaceutical companies are obliged to affix an anti-tampering device (‘ATD’) on prescription-only medicines to enable verification of whether a medicine’s packaging has been tampered with. Parallel importers argue that this results in an overarching objective necessity to ‘rebox’ such medicines.

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November 30, 2022

Heiploeg’s impact on Belgian insolvency law

The European Court of Justice’s (“ECJ”) Plessers judgment seemed to cause a serious threat for the applicability of the Belgian reorganisation procedure by transfer under judicial supervision, and the right of the interested buyer of the debtor’s activities to choose which particular employees it would take over. But, in the end, it has turned out to be “much ado about nothing”.

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November 24, 2022

Can parallel importers (re)brand generic medicines? The CJEU limits the ‘room for manoeuvre’

If a branded medicine and its generic version are put on the EEA market by economically-linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine? After the Brussels Court of Appeal had referred questions on this issue for a preliminary ruling two years ago, the CJEU has now clarified the limits.

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November 23, 2022

New rules on medical force majeure and the medical certificate

A new Act, which includes various provisions on incapacity for work, was published in the Belgian State Gazette on 18 November 2022.

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November 16, 2022

Invisible life to the rescue: European Commission facilitates approval of micro-organisms in plant protection products from 21 November 2022

Micro-organisms or microbes (e.g. bacteria, fungi or protozoa) are invisible to us but play a significant ecological role as they help to break down organic matter and produce oxygen. Some of them protect crops from pests and diseases, making them a suitable alternative to chemical-based plant protection. Given its ambition […]

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November 10, 2022

The Labour Deal is published in the Belgian State Gazette

Today, 10 November 2022, the Labour Deal Act has – finally – been published in the Belgian State Gazette. You can, once again, find below our checklist of the obligations and possibilities for employers based on the Labour Deal Act, together with an indication of when each measure will enter into force. We discussed the […]

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October 31, 2022

Transparent and predictable working conditions (part 3): new rights for employees (and new obligations for employers)

Our two previous blogs explained that Belgium has finally transposed the EU Directive on transparent and predictable working conditions into national law. The new Belgian Act of 7 October 2022 (voted upon in parliament on 29 September 2022) has been published in the Belgian State Gazette of today (31 October) and thus enters into force […]

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October 20, 2022

Transparent and predictable working conditions (part 2): be sure to inform your employees

Our blog of 17 October 2022 explained that Belgium has finally transposed the EU Directive on transparent and predictable working conditions into national law. That first blog (in this series of three) elaborated on the right of employees to request a form of employment that is more predictable and secure. This second blog focuses on the principle of transparency […]

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October 19, 2022

Royal Decree anticipated which enables the payment of advances for public procurement contractors

On 14 October 2022, the Council of Ministers approved a draft Royal Decree allowing advances to be granted to public procurement contractors to respond to the economic crisis resulting from the Ukraine war. Context As per Article 67 of the Royal Decree of 14 January 2013 determining execution rules for public procurement contracting authorities can […]

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October 14, 2022

Transparent and predictable working conditions: the ‘must know’ points for employers

An EU Directive was published in 2019 that obliges the Member States to guarantee, on the one hand, an improvement in employment conditions by enforcing more transparent and predictable employment conditions, and, on the other hand, increasing the flexibility in the labour market. Belgium has finally transposed this EU Directive with not one but two legal instruments: namely, […]

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October 13, 2022

Belgium’s implementation of the EU Directive on the posting of drivers in the road transport sector: What is the impact for employers posting drivers to and from Belgium?

With the Act of 19 June 2022, Belgium has implemented EU Directive 2020/1057 on the posting of drivers, by providing, amongst other things, adjustments to the Posting Act of 5 March 20021. Not only foreign posting employers are impacted as the Act of 19 June 2022 has also introduced a new information obligation for Belgian […]

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October 10, 2022

Re-integration track 2.0: key changes at a glance

You will probably have already heard about the new ‘re-integration track 2.0’ for sick employees that entered into force on 1 October 2022 and that also applies to ongoing tracks. Discover below an overview of the key changes, which is presented in a convenient slide format.

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