Proposed reforms for Belgian listed companies regarding the shareholders’ right to oppose the transfer of their company’s key assets and governance
In a significant development that promises to reshape the corporate governance landscape in Belgium, the government has unveiled a draft bill introducing three pivotal proposals. These proposals, emanating from recommendations by the Financial Services and Markets Authority (FSMA), aim to fortify governance practices within listed companies. The draft bill has been submitted to the Belgian […]
Pick your cherry chocolate lookalike packaging (GCEU, 29 November 2023, T‑29/23)
In case T‑29/23 (Vobro/Mieszko), the General Court of the EU (GCEU) was asked to rule on the likelihood of confusion (LoC) of two complex signs containing word elements and the image of a cherry dipped in chocolate in relation to class 30 goods (confectionery and sweets). Summary of the decision After the EUIPO Opposition Division […]
Protect your Trade Secrets – Criminal Law Protection & Tax Issues
In the latest episode of our Trade Secrets Series we discussed the measures aimed at maintaining the confidentiality of trade secrets during legal proceedings. In this sixth and final episode we elaborate on the criminal law protection of trade secrets and tax issues related to trade secrets. Criminal law protection of trade secrets Article 309 […]
Protect your Trade Secrets – Maintaining confidentiality during legal proceedings
In the latest episode of our Trade Secrets Series we focused on the position of trade secrets in the employer-employee relationship. In this fifth episode we will discuss the measures aimed at maintaining the confidentiality of trade secrets during legal proceedings. The Trade Secrets Act introduced a new Article 871bis in the Judicial Code, which […]
INSOLVENCY Series | Episode 4: Liquidation Proceedings
Preserving undertaking’s business continuity is one of the main purposes of the Belgian insolvency law. However, in some cases, the undertaking’s situation is so serious that there is no better option than its liquidation. Liquidation proceedings aim to winding up the debtor’s estate and distributing the proceeds among its creditors to pay off its debts. […]
Protect your Geographical Indications | New EU Regulation for Craft and Industrial Products
On 27 October 2023 the Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 (“Regulation”) was published. This Regulation introduces a new EU intellectual property right, extending the protection for […]
Protect your Online Privacy | Judicial Optimisation
Protect your Online Privacy | Judicial optimisation against non-consensual sharing of sexual content On 9 August, the Act of 31 July 2023 aimed at making justice more humane, faster and stricter (IV) was published in the Belgian Official Gazette. As part of this wide-ranging reform of the judicial system, the legislator decided to amend paragraphs […]
INSOLVENCY Series | Episode 3: Public and private reorganisation procedures
An undertaking in financial distress can consider judicial reorganisation as a means of restoring its financial stability. The judicial reorganisation procedure (“JRP”) is the Belgian pre-insolvency procedure, whose purpose is indeed to safeguard the continuity of the undertaking facing financial difficulties. Belgian law provides for two JRPs: JRP by mutual agreement, which aims to reach […]
Protect your Trade Secrets – Employer-employee relationship
In the first three episodes of our Trade Secrets Series we gave an introduction to the legal framework governing trade secrets in Belgium and explained in more detail the acts against which a trade secret holder can take action and what measures and remedies he can obtain. In this fourth episode we will focus on […]
Specialisation agreements | Some flexibility and a transitional period
Since 1 July 2023, a new regulation concerning the block exemption for specialisation agreements is in force (Commission Regulation 2023/1067 of 1 June 2023 on the application of article 101, §3 of the Treaty on the Functioning of the European Union [TFEU] to certain categories of specialisation agreements, OJEU, 2 June 2023, No. L 143). […]
A Tribute to Lucien Simont
In memoriam of Lucien Simont, a founding partner of our firm, we reflect on the profound impact he had on the legal community, his pioneering spirit, and the indelible mark he left on the practice of law. Mr. Simont, who played a pivotal role in the establishment of Simont Braun and passed away on October […]
INSOLVENCY Series | Episode 2: Identifying risks and preventive tools
IDENTIFYING RISKS OF INSOLVENCY AND PREVENTIVE TOOLS TO AVOID INSOLVENCY Insolvency proceedings, and in particular liquidation proceedings, should remain a last resort. Accordingly, the Belgian Code of Economic Law (“CEL”) contains several preventive mechanisms designed (1) to detect the risk of insolvency in due course, and (2) to take preventive measures to redress undertakings’ financial […]
