The new Belgian Security Act amended and postponed
The Belgian act of 11 July 2013 with regard to security rights on movable assets (the “Security Act”) is not yet in force. Implementing regulations were expected to organize the pledges register and to correct some inaccuracies and loopholes. The Belgian Law of 25 December 2016 (the “Law”) amends the Security Act to ensure its effective […]
Simont Braun achieves superior results in Chambers Global and Europe 2017
Simont Braun has again received very good results in Chambers 2017 both Europe and Global, improving all its rankings in the Global edition, with its main practice areas being recommended and no less than 8 lawyers being praised for their work. Our Intellectual Property department, “noted for its depth of expertise”, continues to occupy a very […]
Rafaël Jafferali as an arbitrator at Brussels Pre-Moot
Rafaël Jafferali will sit as an arbitrator at the 4th Brussels Pre-Moot competition, which will be held on 3rd and 4th April 2017. The Brussels Pre-Moot, organized by CEPANI, is a pre-competition for the renowned Willem C. Vis International Commercial Arbitration Moot on International Sales Law and International Arbitration. The Pre-Moot will help the participants from all over the […]
Simont Braun’s Digital Finance Team assists mozzeno with the launch of its innovative platform
Brussels, March 2017 Simont Braun assisted the Brussels-based FinTech mozzeno on the launch of the first Belgian digital platform enabling individuals to participate indirectly in the funding of other individuals’ consumer loans. The loans are financed through securitization, by issuing notes to which the investors subscribe. In such a highly regulated sector, our team prepared […]
The right to data portability and bank account information
In evolving to a Single Digital Market, the use of consumer data becomes more and more important for service providers. With regard to financial institutions, exploiting payment data is of particular interest, not only to reduce costs and improve product quality, but also to offer new and innovative financial services and, in general, an increased […]
When a payment service provider must provide information on a “durable medium”… Is an electronic emailbox enough?
BAWAG PSK Bank für Arbeit und Wirtschaft und Österreichische Postsparkasse AG (‘BAWAG’) is a bank operating in Austria. It offers contracts for internet e-banking to its customers. One of the provisions in the general terms in such e-banking contracts grants BAWAG the right to communicate ‘notices of changes’ to the customer through the internal mailbox […]
Modest changes to the Belgian Arbitration Act
With effect as of January 1st, 2017, the Act of 25 December 2016 (known as the “Pot-Pourri IV Act”) amended among other things certain provisions of Part Six (i.e. articles 1676 to 1723) of the Belgian Judicial Code. This Part Six contains the provisions on arbitration (the so-called “Belgian Arbitration Act” or “BAA”). The amendments […]
Jacques Malherbe joins Simont Braun’s Tax department
SIMONT BRAUN is pleased to announce that Jacques Malherbe has joined its tax department as Of Counsel on the 1st of January 2017 where he will be working next to Lievin De Wulf (Partner) and Martina Bertha (Of Counsel). Jacques Malherbe has a well-known reputation in the field of tax law that he taught at […]
Curing rules on parallel import of pharmaceuticals?
On 7 November 2016 the Belgian Supreme Court (Cour de cassation – Hof van cassatie) gave judgment in two cases regarding the repackaging of pharmaceuticals, wherein it ruled in favour of the parallel importer with respect to the exhaustion of trademark rights principle. Simont Braun represented with success the defendant in these two cases. Just three […]
Finally: publication of the Belgian Crowdfunding Law
The new Belgian law on crowdfunding platforms of 18 December has been published in the Belgian Official Journal. Key features include: Alternative Finance Service: The introduction of a new type of financial service in the Belgian regulatory landscape. The service consists of commercializing, through an internet platform, investment instruments issued by entrepreneurs looking to attract […]
Le droit bancaire et le défi de la finance numérique
The contribution of Catherine Houssa, Partner and member of Simont Braun’s Digital Finance Team, on European Banking law and the challenges presented by the digitalisation of the finance industry, has been published in the Liber Amicorum of professor Blanche Sousi. The full text is available (in French only) here.
European patents – Late filing of a translation in Belgium: new special restoration procedure with retroactive effect
In a previous article, we commented on the special restoration procedure that was instituted by the Belgian legislator in favour of European patent holders that had forfeited their rights because the translation of their patent was filed too late with the Belgian IP Office (OPRI). Amongst other things, we noted in our previous news that […]
