The Legal 500 > Holman Fenwick Willan > Brussels, BELGIUM

Holman Fenwick Willan

BLUE TOWER, AVENUE LOUISE 326, BOX 19, 1050 BRUSSELS, BELGIUM

Tel:: Work +32 2 643 3400
Fax:: Fax +32 2 643 3488

Web:: www.hfw.com

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Belgium : Aviation

Within Aviation, Holman Fenwick Willan LLP is a second tier firm,

Holman Fenwick Willan LLP has invested in its aviation capabilities firm-wide in recent years and hired Pierre Fruhling and his team from Field Fisher Waterhouse in March 2012. The four-strong team locally handles aircraft leasing, regulatory, competition and litigation matters, and recently represented Global Aerospace in litigation arising from the crash of a Gulfstream twin-engined jet in Democratic Republic of Congo in February 2012.

Belgium : Customs, trade, WTO and anti-dumping

Within Customs, trade, WTO and anti-dumping, Holman Fenwick Willan LLP is a second tier firm,

Holman Fenwick Willan LLP’s trade practice has gone from strength to strength since the ‘exceptionally dedicated’ Folkert Graafsma and the ‘deeply knowledgeable’ Konstantinos Adamantopoulos joined in 2011. Together this extensively experienced pair covers the sector comprehensively and recent work includes successfully representing Zhejiang Xinan Chemical Industrial Group against the EC in a significant anti-dumping case before the ECJ (Grand Chamber).

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Legal Developments by:
Holman Fenwick Willan LLP

Business interruption insurance: importance of understanding cover

Business interruption insurance is often a key component of a company’s business continuity plan. The insurance is designed to compensate an insured for the financial effect of the interruption or interference to that business as a result of physical damage to an insured property or other key external events, such as damage at a supplier’s or customer’s premises. The intention is to restore the business to the same financial position as if the loss had not occurred, subject always to the terms and conditions of the policy.  

- Holman Fenwick Willan

Legal Developments in Belgium

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

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