The Legal 500

Legal Developments in Belgium

• Financial Leasing qualified by the European Court of justice as a supply of goods

  The European Court of Justice categorises the leasing of a motor vehicule under a financial leasing as a supply of goods and not as a supply of services.
  - Monard - D'Hulst

• Public Offers and admissions to trading on european regulated markets

  By July 1st, 2012 the Directive 2010/73/EU of the European Parliament and the Council of 24 November 2010 amending the Prospectus Directive and the Transparency Directive has to be transposed by Member States into their national law. The Directive 2010/73/EU is aimed at simplifying the application of the prospectus rules.
  - Monard - D'Hulst

• Result bonus (CBA 90): the maximum amount for 2013 is 2.488 EUR

  For bonus plans paid in 2013, the maximum social security and tax exemption limit will be 2.488 EUR.
  - Claeys & Engels, member of Ius Laboris

• Working as a student after completion of studies?

  The NSSO adopts a clear position on the issue: the young graduates who graduated in June will be able to continue to work under an agreement for student employment until 30 September of the current year.
  - Claeys & Engels, member of Ius Laboris

• Constitutional Court retains the current level of protection offered to employee representatives

  The Belgian Constitutional Court considers that the protection against dismissal afforded to (candidate) employee representatives in the Works Council and/or the Committee for Prevention and Protection at Work does not violate the principle of equality.
  - Claeys & Engels, member of Ius Laboris

• Liability of directors of Belgian companies to the social security in a European context

  For the application of European law, the location where a professional activity is exercised is the location where, in practical terms, the person concerned carries out the actions connected with that activity.
  - Claeys & Engels, member of Ius Laboris

• The unemployment with company allowance regime: the most recent adjustments

  The regime of unemployment with company allowance (formally known as prepension/prépension/brugpensioen) has been modified several times in recent months. Following comments by the social partners, it was announced that a number of measures would be liberalised. This has now been done by the Royal Decree of 20 September 2012, which modifies the Royal Decree of 3 May 2007 regulating the regime of unemployment with company allowance.
  - Claeys & Engels, member of Ius Laboris

• Finally, the European Blue Card available in Belgium for highly-skilled employees

  Starting Monday 10 September 2012, a "European Blue Card" can be issued to certain highly-skilled non-EEA employees. This will allow them to work and reside in Belgium.
  - Claeys & Engels, member of Ius Laboris

• Fight against the gender wage gap - measures to be taken within the company

  The Act of 22 April 2012 aimed at fighting against the gender wage gap, published in the Belgian Official Gazette on 28 August, introduces several new requirements with practical implications for companies. In all companies that must file annual accounts, wage data contained in the annual social report will from now on have to be broken down by workers' gender.
  - Claeys & Engels, member of Ius Laboris

• Written testimony can no longer be drafted as you see fit!

  As from 13 August 2012, the Judicial Code will regulate written testimonies drafted by parties in order to support their case in court. The new provisions of the Judicial Code are modelled after the French regulation.
  - Claeys & Engels, member of Ius Laboris