News
Brussels Court of Appeal rejects Carrefour’s request to suspend the Belgian Competition Authority’s decision authorising the concentration between Intermarché AB and Mestdagh, including Carrefour’s ‘gun-jumping’ argument
On 23 December 2022, the Brussels Court of Appeal (“Market Court”) rejected Carrefour Belgium’s application for the suspension of the Belgian Competition Authority’s (“BCA”) decision of 9 November 2022 authorising the concentration between Intermarché AB (“ITM”) and Mestdagh.
WEBINAR VIDEO | When are IP holders liable for enforcing a later invalidated IP right?
At this IP Update, our IP specialists, Christophe Ronse and Kirian Claeyé, discuss under what circumstances IP holders may be held liable for enforcing a later invalidated IP right.
The Belgian Competition Authority fines Novartis for abuse of collective dominance regarding eye disease medicines
On 23 January 2018, the European Court of Justice (“ECJ”) handed down its judgment (C-179/16) in relation to Novartis’ Lucentis® and Roche’s Avastin® eye disease medicines, and ruled that disseminating misleading information on the off-label use of a medicine could constitute a restriction of competition ‘by object’.
When are IP holders liable for enforcing a later invalidated IP right?
At this IP Update, our IP specialists, Christophe Ronse and Kirian Claeyé, will discuss under what circumstances IP holders may be held liable for enforcing a later invalidated IP right.
EU harmonizes THC limits in hemp seed (food) as from 1 January 2023
Hemp seeds have been eaten in the EU for a long time. The seeds may contain trace amounts of tetrahydrocannabinol (THC) because this cannabinoid is a natural constituent of the cannabis plant from which the seeds originate. The EU regulator has decided to harmonize the maximum levels for THC in hemp seeds throughout the Union within the food contaminants framework.
WEBINAR VIDEO | What do the CJEU’s decisions on parallel trade of medicines mean for your company?
At this additional Christmas edition, the IP specialists in our Life Sciences team discuss the CJEU’s latest decisions on the parallel trade of medicines, and what these decisions mean in practice for your company.
New Royal decree introduces new provisions about sustainability and the requirements for advertisements of UCIs offered in Belgium
On 12 December 2022, a new Royal decree of 5 December 2022 (the “Royal Decree”) was published that introduces new rules for UCIs on two different topics: first, by implementing the European provisions on sustainability risks and sustainability factors; second, by providing a set of harmonising rules for the advertisements of UCIs offered in Belgium.
E-fulfilment: what is it and what to look out for?
Everyone knows what e-commerce is by now, but what about e-fulfilment? We explain below what this term means and what the points of interest are.
WEBINAR VIDEO | ALTIUS Digital Law Series #18: Keeping up with GDPR
During this session, our data protection teams have a closer look at: Jan Clinck and Pierre Antoine present this webinar in French and Dutch.
Draft Belgian Whistleblowing Act now adopted in Parliament!
The draft Belgian Act on whistleblowing for the private sector, which transposes EU Directive 2019/1937 (‘the Whistleblowing Directive’) into national legislation, has finally been adopted in Parliament. The Act still has to be published in the Belgian State Gazette and will enter into force 2 months after its publication.
Are parallel importers necessarily allowed to rebox medicines in case of visible traces from ATDs? The CJEU says NO
Pharmaceutical companies are obliged to affix an anti-tampering device (‘ATD’) on prescription-only medicines to enable verification of whether a medicine’s packaging has been tampered with. Parallel importers argue that this results in an overarching objective necessity to ‘rebox’ such medicines.
Heiploeg’s impact on Belgian insolvency law
The European Court of Justice’s (“ECJ”) Plessers judgment seemed to cause a serious threat for the applicability of the Belgian reorganisation procedure by transfer under judicial supervision, and the right of the interested buyer of the debtor’s activities to choose which particular employees it would take over. But, in the end, it has turned out to be “much ado about nothing”.
WEBINAR VIDEO | Life Sciences Session #9: Hot topics in healthcare tendering
Please join us on 28 November 2022 from 13:30 to 14:30 for our ninth online Life Sciences Session, where Caroline De Mulder and Kirian Claeyé will discuss the latest evolutions in the field of healthcare public procurement and will answer questions such as:
Can parallel importers (re)brand generic medicines? The CJEU limits the ‘room for manoeuvre’
If a branded medicine and its generic version are put on the EEA market by economically-linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine? After the Brussels Court of Appeal had referred questions on this issue for a preliminary ruling two years ago, the CJEU has now clarified the limits.
New rules on medical force majeure and the medical certificate
A new Act, which includes various provisions on incapacity for work, was published in the Belgian State Gazette on 18 November 2022.
Invisible life to the rescue: European Commission facilitates approval of micro-organisms in plant protection products from 21 November 2022
Micro-organisms or microbes (e.g. bacteria, fungi or protozoa) are invisible to us but play a significant ecological role as they help to break down organic matter and produce oxygen. Some of them protect crops from pests and diseases, making them a suitable alternative to chemical-based plant protection. Given its ambition […]
The Labour Deal is published in the Belgian State Gazette
Today, 10 November 2022, the Labour Deal Act has – finally – been published in the Belgian State Gazette. You can, once again, find below our checklist of the obligations and possibilities for employers based on the Labour Deal Act, together with an indication of when each measure will enter into force. We discussed the […]
Transparent and predictable working conditions (part 3): new rights for employees (and new obligations for employers)
Our two previous blogs explained that Belgium has finally transposed the EU Directive on transparent and predictable working conditions into national law. The new Belgian Act of 7 October 2022 (voted upon in parliament on 29 September 2022) has been published in the Belgian State Gazette of today (31 October) and thus enters into force […]
Transparent and predictable working conditions (part 2): be sure to inform your employees
Our blog of 17 October 2022 explained that Belgium has finally transposed the EU Directive on transparent and predictable working conditions into national law. That first blog (in this series of three) elaborated on the right of employees to request a form of employment that is more predictable and secure. This second blog focuses on the principle of transparency […]
Royal Decree anticipated which enables the payment of advances for public procurement contractors
On 14 October 2022, the Council of Ministers approved a draft Royal Decree allowing advances to be granted to public procurement contractors to respond to the economic crisis resulting from the Ukraine war. Context As per Article 67 of the Royal Decree of 14 January 2013 determining execution rules for public procurement contracting authorities can […]
Transparent and predictable working conditions: the ‘must know’ points for employers
An EU Directive was published in 2019 that obliges the Member States to guarantee, on the one hand, an improvement in employment conditions by enforcing more transparent and predictable employment conditions, and, on the other hand, increasing the flexibility in the labour market. Belgium has finally transposed this EU Directive with not one but two legal instruments: namely, […]
Belgium’s implementation of the EU Directive on the posting of drivers in the road transport sector: What is the impact for employers posting drivers to and from Belgium?
With the Act of 19 June 2022, Belgium has implemented EU Directive 2020/1057 on the posting of drivers, by providing, amongst other things, adjustments to the Posting Act of 5 March 20021. Not only foreign posting employers are impacted as the Act of 19 June 2022 has also introduced a new information obligation for Belgian […]
Re-integration track 2.0: key changes at a glance
You will probably have already heard about the new ‘re-integration track 2.0’ for sick employees that entered into force on 1 October 2022 and that also applies to ongoing tracks. Discover below an overview of the key changes, which is presented in a convenient slide format.
The Labour Deal is now a ‘done deal’!
It has been long overdue… the Belgian Parliament finally approved the so-called Labour Deal last week. This ‘deal’ includes – amongst other things – the four-day work week, the introduction of ‘transition paths’ during which workers can already start working for another employer during their notice period, redeployment measures and the workers’ right to be […]