News
Belgian Constitutional Court strikes down pharma industry ‘unavailability contribution’
The Belgian Constitutional Court (“CC”), on 6 November 2025, annulled some provisions of the Law of 18 May 2024 containing various provisions on health and finance, striking down the pharma industry ‘unavailability contribution’. Background Parts of the above Law sought to protect patients from bearing additional costs when reimbursable medicines become unavailable and must be […]
A medical certificate: not always what it seems
When an employee is unable to work due to illness, the employer may request a medical certificate. This obligation usually stems from the work rules. A medical certificate confirms the incapacity for work and its likely duration. In addition, the medical certificate also clarifies whether an employee is allowed to leave their place of residence. […]
Pay more to your employees and less to the social security regime : the social security contribution exemption for high wages
In Belgium, employers’ social security contributions have always been due on an employee’s full uncapped salary. The Programme Act of 18 July 2025 caused a ‘minor earthquake’ by introducing, for the first time, a cap on employers’ social security contributions providing that, from 1 July 2025, no basic employer contributions would be due anymore on […]
Belgium’s Pre-Pack Procedure: A Two-Year Reality Check
Legal framework Pre-packaged sales, or “pre-packs,” have long been utilized in the United Kingdom and the United States as a restructuring mechanism that enables the sale of a distressed business to be arranged prior to the commencement of formal insolvency proceedings. The objective is to preserve the company’s value by facilitating its sale as a […]
Food Hygiene for Fish: EU General Court Requires Scientific Basis to “Clarify” the Law
Food company Mowi Poland successfully challenged the European Commission’s new hygiene rules governing ‘stiffening’—a specialised fish processing technique—on the grounds that the Commission failed to obtain mandatory scientific consultation. While the Commission defended its approach by characterising the measures as mere “clarification” of existing law and citing industry guidelines as support, the EU General Court […]
100 Deals, Zero Rejections: What Belgium’s FDI Report for 2024-2025 Reveals
The Belgian Interfederal Screening Commission (ISC) has released its Annual Report on Foreign Direct Investment (FDI) Screening 2024–2025, providing valuable insights into how the country has tried between July 2024 and June 2025 to navigate the fine line between remaining an open economy and safeguarding its strategic interests. Almost no corrective measures During this second […]
Combination therapies in Belgium: how to collaborate without breaching competition law
As the landscape of modern medicine evolves, combination therapies—those that use two or more distinct medicines, often from different companies—are becoming increasingly vital, especially in treating complex diseases like cancer. These therapies promise improved clinical outcomes through synergistic mechanisms of action. However, the reimbursement process for such therapies presents significant regulatory and legal challenges, particularly […]
Employer of Record in Belgium: the Flemish Government clarifies its position
Despite the grey legal area in which EoRs operate, their number has continued to grow in recent years. As there is no clear legal framework governing EoR activities in Belgium, the question arose how an EoR should position itself on the Belgian labour market: as a (heavily regulated) temporary work agency, or as a service provider offering HR solutions?
Sports federations again under Belgian Competition Authority scrutiny in two interim measures proceedings
The Belgian Competition Authority (BCA) has recently ruled on two requests for interim measures against sports federations. Both decisions again highlight that competition rules apply to sports federations and show that interim measures procedures before the BCA can be a powerful tool to change market behaviour before a decision on the merits is taken, even if no interim measures are imposed.
Titanium dioxide: General Court strikes down classification as human carcinogen and ECJ now confirms
The European Commission often relies on scientific evidence for its regulatory decisions. But when challenged, how much deference is owed to the regulator’s interpretation of the underlying science?
REACH obligation to register imported chemicals may be assumed by a person other than the buyer
Under the EU’s REACH Regulation 1907/2006, substances must be registered with the European Chemicals Agency before being imported. The duty to register lies with the importer. In practice, the act of ‘importing’ often involves multiples actors, including the seller, the buyer and various intermediaries who move the goods across borders. So, who then should register […]
Two kiwis a day to chase constipation away – European Commission approves fruit health claim
The European Commission has authorised a new food health claim recognising the digestive health benefits of green kiwifruit. The claim—“Consumption of green kiwifruit contributes to normal bowel function by increasing stool frequency”—has recently been added to the Union list of permitted claims under Regulation (EU) No 432/2012, following a five-year authorisation process. Food-related health claims […]