News
The Supreme Court’s recent Decision on the Burden of Proof in State Immunity Matters Alters the Dynamics of Sovereign Debt Recovery
On 19 December 2024, the Belgian Supreme Court made a significant decision that has clarified the complexities surrounding State immunity, the burden of proof, and the obligation of debtor States to cooperate in that respect. This ruling not only clarifies existing legal principles but also introduces nuanced considerations regarding how factual presumptions can be utilised to meet evidentiary requirements in cases involving sovereign immunity.
Including “affirmative action measures” in your diversity and inclusion policy: what employers need to know
The employer and employee organisations in the National Labour Council have added a new chapter to the well-known CBA 32bis on the safeguarding of employees’ rights in the event of a transfer of undertaking. From now on, the employee representatives, or in the absence of a representative body, the employees themselves, can request …
New information and consultation obligation for a transfer of undertaking
The employer and employee organisations in the National Labour Council have added a new chapter to the well-known CBA 32bis on the safeguarding of employees’ rights in the event of a transfer of undertaking. From now on, the employee representatives, or in the absence of a representative body, the employees themselves, can request …
CJEU C-793/22 Biohemp – Indoor Cannabis Cultivation: The CJEU Weighs in
The Cannabis sativa L. plant serves a wide range of purposes, many of which are uncontroversial. It can be grown in the EU, in which context it is commonly called ‘hemp’. The plant notably produces cannabidiol (CBD), which the Court of Justice of the European Union has unequivocally ruled is not a narcotic drug. Nonetheless, some EU Member States remain reluctant to accept hemp cultivation.
Contractor chains in the construction sector: significant limitations for subcontractors from 1 January 2025
Although subcontractors can bring a wealth of specialisation and expertise into technical construction projects, contractor chains are also often associated with social dumping and the exploitation of workers.
Can employees who have not yet started their outplacement take a full day of job search leave starting from week one of their notice period?
An employee who is dismissed with a notice period or who performs a notice period after resigning is entitled to so-called “job search leave”.
Posting workers to Belgium: the Limosa notification
What every posting employer and (Belgian) service user should know about the Limosa notification.
Posting workers to Belgium: Checkinatwork
What every posting employer and (Belgian) service user should know about Checkinatwork.
Posting workers to Belgium: Joint Committees
What every posting employer and (Belgian) service user should know about joint committees.
Posting workers to Belgium: Declaration of Works
What every posting employer and (Belgian) service user should know about the Declaration of Works notification.
E-Evidence in the EU: Fast-Tracking Justice or Fast-Tracking Trouble?
Why is the EU introducing the E-Evidence package? The answer lies in the growing role of electronic evidence in criminal investigations. As more data is stored electronically, often in the cloud, this data becomes harder to pin down geographically.
More flexibility for insurance contract termination
The rules on the duration and termination of insurance contracts governed by Belgian law have often been found overly formalistic and complex, especially by consumers.
The Belgian Competition Authority intensifies its fight against bid rigging – with physical persons also to be prosecuted
On 21 September 2024, the Chief Public Prosecutor of the Belgian Competition authority (“BCA”) publicly announced that in the BCA’s investigations into agreements concerning subsidies granted for the delivery of newspapers and magazines in Belgium the BCA will for the first time also be prosecuting physical persons.
Posting workers to Belgium: keeping up with the latest developments
This newsletter gives a short overview of the latest legal and administrative developments when temporarily posting workers to Belgium. The topics covered are relevant for both foreign posting employers and Belgian service users.
Emma Van Caenegem promoted to partner at ALTIUS
ALTIUS is delighted to announce that Emma Van Caenegem has been promoted to partner as per September 2024. Congratulations Emma!
New payment terms in public procurement
Belgium’s public tender rules are being reformed following a 2022 EU court ruling. The current 30-day verification plus 30-day payment term will be replaced by a single 30-day “treatment term” for both. Healthcare sector exceptions remain, allowing up to 60 days for payment. The new rules take effect on 1 January 2025.
New measures to address over-indebtedness and protect companies in difficulty
On 1 July 2024, the Act of 15 May 2024 on measures to address over-indebtedness and protect companies in difficulty was published in the Belgian Official State Gazette. The main amendments of the Act, as well as its entry into force, are briefly discussed below.
Deepfakes in the music industry: Will the AI Act change the tune?
The emergence of deepfake technology, particularly within the music industry, has sparked significant debate and concern. Deepfakes, which are synthetic media generated using AI to replicate and/or manipulate a known artist’s likeness and/or voice, have the potential to revolutionise the music industry.
Hacking NIS2: 5 innovations about the sequel to the EU’s cybersecurity framework
NIS2 (the second “Network and Information Systems Directive”) is an updated regulatory framework introduced by the European Union to strengthen cybersecurity across member states. It is a successor to the original NIS Directive, which was adopted in 2016.
Belgium gears up to enforce the EU Deforestation Regulation
The EU Deforestation Regulation (EUDR) was published on 9 June 2023 and came into force on 29 June 2023. Member States, including Belgium, must establish legal frameworks for enforcement.
A significant reform of the Social Penal Code is anticipated
A new draft Act has recently been submitted to the Belgian Parliament that aims to amend the Social Penal Code which lists the infringements of labour and social security law that are punishable and the related penalties.
EU Court of Justice interprets import ban on Chinese animal products: fish oil for feed is not an exempted “fishery product”
On 21 March 2024, the EU Court of Justice (‘CJEU’) handed down its ruling in case C‑7/23, concerning a dispute between a feed company and the Federal Agency for the Safety of the Food Chain. The parties differed in their interpretation of an EU import ban on products of animal origin coming from China. The Council of State sought the CJEU’s guidance.
CJEU balances strict obligations for wholesalers of medicines with proportional penalties
On 21 September 2023, the EU Court of Justice (‘CJEU’) handed down its ruling in the Apotheke B. case (C-47/22), and it is a good example of the high threshold set by the EU Court of Justice to uphold the Community Code’s main aim of protecting public health.
New protection for employees undergoing infertility treatment
The Belgian Parliament has adopted a new Act to better protect employees undergoing infertility treatment. The new Act aims to protect these employees against (i) dismissal, and (ii) discrimination. It therefore updates two well-known Belgian employment law Acts: the Labour Act of 16 March 1971 and the Gender Act of 10 May 2007.