The strengthening of public cooperation
Non-institutionalised cooperation between contracting authorities (pouvoir adjudicateur /aanbestedende overheid) allows them to resort to mechanisms for pooling one or more of their missions freely, without going through public procurement procedures. In 2020, the CJEU has clarified one of the conditions allowing contracting authorities to use this legal exception and avoid public procurement rules. Version française […]
Judicial reorganisation procedure: two draft bills pending under the benefit of urgency
The legislator has tabled two draft bills, respectively on 10 June 2020 and 21 October 2020, to amend a.o. the provisions relating to the judicial reorganisation procedure (PRJ/WCO) governed by Book XX of the Code of Economic Law (CEL). The review of these draft bills is being carried out under the emergency procedure notably because […]
Simont Braun secures the admissibility of Test Achats’ class action against Ryanair before Belgian Courts
Simont Braun represents Test Achats in a major class action against Ryanair, which aims at obtaining indemnification for passengers who were victims of cancellations and delays of flights in summer 2018. The total compensation is estimated at €16 million. On 7 December 2020, the Brussels Business Court declared this very large class action admissible. This […]
Unfair terms in B2B relations – What you should know from now on.
Are you a small, medium or big company? As a builder, banker, retailer, seller or any other business, do you enter into B2B agreements that usually provide for some penalties, limitation of liability, specific duration or transfer of risks? Would you mind if a judge strikes down these clauses or reviews the price agreed to […]
New law on basic banking services for businesses in Belgium
Yesterday, 24 November 2020, the new law on basic banking services for businesses has been published in the Belgian Official Journal. This law voted on 22 October 2020 by the Belgian Parliament introduces a right to basic banking services for companies in Book VII of the Economic Law Code. This new regime aims at providing […]
Payments in the video game industry: Regulatory Status in Belgium
Rising importance of payments in the video game industry: Apple v. Epic Games This summer has brought a major lawsuit in the video game industry with the “Apple v. Epic Games” case. Epic Games, the developer of the popular game Fortnite, introduced the possibility for its iOS users to buy V-Bucks (the virtual currency used […]
A European passport for crowdfunding
At last, a European passport for crowdfunding! As from 10 November 2021, it will be possible for both new and existing crowdfunding platforms to obtain a licence allowing them to carry out their activities in all EU countries. What does it mean in practice for SMEs, start-ups and potential investors? Catherine Houssa clarifies the main […]
Simont Braun authors FinTech Belgian Chapter in The Legal 500
Have a look at the FinTech Belgian Chapter authored by Simont Braun in The Legal 500 Comparative Guide! It’s a concise, pragmatic and yet comprehensive overview of FinTech in Belgium, and a must-read for all practitioners and actors of the sector. The Belgian Chapter is available here. Thank you, in particular, to Catherine Houssa, Philippe […]
Trademarks & Designs | Fake application or renewal invoices!
Trademark applicants and owners often receive documents asking for payments related to a trademark or design application or renewal. Cautiousness is highly recommended in this respect! For example, a new misleading invoice is in circulation, which takes the form of a fake European Union Intellectual Property Office (EUIPO) renewal invoice. The misleading invoice has recently […]
The CJEU Testarossa judgement | Clarification of the contours of genuine use & the burden of proof
A trademark which has not been put to Genuine use by its owner or an authorised third party within five years after its registration is liable to revocation unless there are proper reasons for its non-use. On 22 October 2020, the Court of Justice of the European Union (“CJEU”) clarified the contours of the notion […]
Arrêté ministeriel 28.10.2020 | Mesures urgentes pour lutter contre le Covid-19
Comme suite aux dernières mesures de confinement annoncées en Belgique, l’arrêté dit “de confinement” le plus récent, daté du 28 octobre 2020 et portant des mesures d’urgence pour limiter la propagation du coronavirus Covid-19, a été amendé le 1er novembre par un arrêté publié au Moniteur belge le jour-même. Simont Braun a réalisé une version […]
Customs seizures | EORI number
Since 15 September 2020, the EORI number has become mandatory to obtain customs measures: the seizure request forms have been modified to impose the mention of the EORI number. What is the EORI number? The “EORI” number (“Economic Operator Registration and Identification”) is unique to each economic operator (or representative of economic operators) for the […]