News
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 adopted a consolidated version of its decision taking the following urgent measures for certain listed medicines to avoid medicine shortages during the SARS-CoV-2 pandemic.
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 field is quasi inexistent.
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 agreement concerning a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicines is contrary to EU competition law.
Postponing of the social elections procedure due to Covid-19
As already announced in our previous newsflashes, the social partners have decided to suspend the current social election procedure because of the coronavirus crisis and to restart the procedure after the summer.
On 24 March 2020, the National Labour Council (NLC) issued an opinion that highlighted the implications of this postponement for companies. This NLC opinion has now been transposed into a law which has been voted in Parliament on 23 April 2020.
This article outlines the most important consequences for employers.
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.
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 workers, young workers and managerial personnel) must be filed with the employer by the recognised national trade unions (or their authorised agents), i.e. the ABVV/FGTB, ACV/CSC and ACLVB-CGLSB. For companies employing at least 15 managers (‘kaderleden/cadres’), the representative managers union (NCK/CNC) can file a separate list for managerial personnel or the managers can file an ‘internal list’ if such list is supported by at least 10% of the company’s managers (for the Works Council elections only).
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.
The DPA approves a draft Act prohibiting life and health insurers from processing health sensor data
The Belgian data protection authority has approved a draft Act that prohibits life and health insurers from processing the health sensor data of their insurance holders.
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 of a French company?
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 – to make Belgium a more attractive hub for e-commerce activities.
Lieven Peeters wins the Client Choice Award in 2020!
One of our Real Estate & Regulatory partners, Lieven Peeters, received the Client Choice Award 2020 for Leisure Industries in Belgium during an ILO event last week in London.
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 for primary ingredients, the CJEU has recently clarified both the concept of the “country of origin” under the FIC Regulation and its interplay with other regulations such as the Regulation on the common organisation of the agricultural products markets and the Union Customs Code.