December 13, 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.

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December 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 their absence, the Trade Union Delegation, with written information that includes the following elements:

(1) the determination of the (number of) ‘technical business unit(s)’ (TBUs)

(2) the number of employees per ‘category’ on day X – 60

(3)  the functions of the high level executive personnel (‘leidinggevend personeel/personnel de direction’) and an indicative list of the persons exercising these functions

(4) the functions of the managerial personnel (‘kaderleden/cadres’) and an indicative list of the persons exercising these functions (only for the Works Council)

(5) the day of posting of the notice announcing the date of the elections and the envisaged date of the elections

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December 10, 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 of risks imposed by pests: Regulation 2016/2031.

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December 6, 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.

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November 12, 2019

Whistleblowing employees soon to be protected against retaliation measures?

The Whistleblower Directive is a minimum level directive and must be implemented within 2 years after it enters into force (which as of today’s date is not yet the case).

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October 30, 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 to go to the company premises to vote. Due to some changes in the 2020 Social Elections Act of 4 April 2019, it is now possible to vote electronically from home.

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October 28, 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.

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October 25, 2019

Belgian Constitutional Court annuls new export prohibition for full-line wholesalers but new legislative proposals are already put forward

On 17 October 2019, the Belgian Constitutional Court annulled the export prohibition for wholesaler-distributors, which was introduced by Article 3, 2° of the Act concerning the unavailability of medicinal products of 7 April 2019.

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October 24, 2019

New rules in the Walloon Region and their substantial consequences for franchise and commercial lease agreements: do you comply with them?

Since the transfer of the legislative competence for commercial leases from the federal to the regional level, the Walloon legislator has already made use of its new competence by amending the Act of 30 April 1951 on commercial leases in several aspects.

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October 18, 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 process can take place and bankruptcy can be avoided.

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October 14, 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 least 50% financed directly by public authorities or indirectly by public insurance schemes.

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September 20, 2019

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

Very recently, a major player in the pharmaceutical sector, Janssen Pharmaceutica, has entered into a company CBA with the social partners that provides for full harmonisation between its blue-collar and white-collar employees, by abolishing the blue-collar worker status for all its workers from 1 October 2019.

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