News

July 28, 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 has the power to negotiate the price of a transaction.

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July 27, 2020

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

In 1974 the Court of Justice of the EU concluded in its famous Walrave and Koch case that sport is subject to EU law as far as it constitutes an economic activity.

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July 24, 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, the Belgian Competition Authority published on 22 July 2020 a note setting out the principles that will guide it when assessing the establishment of hospital networks and their possible qualification as a concentration under competition law.

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July 10, 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 Act of 5 March 2002 relating to labour, salary and employment conditions when posting workers to Belgium (“Posting Act”).

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Towards new EU rules for preventing packaging waste

The European Commission is collecting data and feedback from stakeholders about the European Union’s current rules on packaging and packaging waste.

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July 7, 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 to be completed. However, all procedural steps falling after X + 35 were postponed until an unspecified date. The new election dates, and therefore also the […]

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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.

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June 30, 2020

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

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

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June 18, 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 business manager or HR specialist must deal with during this restart.

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June 11, 2020

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

Up until now, there has been no suspension of a notice period served upon an employee who has been made temporarily unemployed under the ‘corona’ regime. Such a notice period started during the corona temporary unemployment and continued to run during this period. Given, as a consequence, employers would be able to dismiss employees ‘cheaply’, a draft bill was submitted in Parliament to have the notice period suspended in the event of corona temporary unemployment. The draft bill was criticized as it provided for a retroactive application of this new rule. After having obtained the Council of State’s opinion, which stated that the law cannot have retroactive effect, the Chamber of Representatives has now voted for the law without retroactive effect. However, the new law does apply to notice periods served after 1 March 2020 for periods of corona temporary unemployment that fall after the entry into force of the law.

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June 9, 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 clarified earlier case law that obliges each airline to indicate in its initial online price offer(s), the airfare and, separately, the taxes, charges, surcharges and fees that are unavoidable and foreseeable.

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