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.