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Bird & Bird

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Web:: www.twobirds.com

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Main work contacts

Category	Contact

Arbitration	Benoit Van Asbroeck
Banking and finance	Paul Hermant
Brands and trade marks	Jean-Christophe Troussel, Benoit van Asbroek
Commercial	Benoit Van Asbroeck
Competition and EU	José Rivas, Anne Federle, Efthymios Bourtzalas, Scott McInnes, Hein Hobbelen
Copyright	Jean-Christophe Troussel, Benoit Van Asbroeck
Corporate	Paul Hermant
Dispute resolution	Marc Martens, Benoit van Asbroek
Employment
Patents and know-how	Bruno Vandermeulen, Marc Martens, Jean-Christophe Troussel
Privacy and data protection	Benoit Van Asbroeck
Regulatory and administrative	Marc Martens
Public sector contracts and disputes	Marc Martens
Tax	Brent Springael

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Legal Developments by:
Bird & Bird LLP

gTLDs Update: List of gTLD applications published

Earlier this month, we reported that the list of gTLD applications would be published on 13 June 2012. "Reveal Day" has arrived and the list of gTLD applications has been published on ICANN's website. Please click here to download a PDF copy of this list for your review.

- ATMD Bird & Bird LLP

Legal Developments in Belgium

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

Posting of workers to Belgium: Notification of the liaison officer through the LIMOSA declaration

The Act of 11 December 2016 transposed the Enforcement Directive (2014/67/EC) into Belgian law. This act made some modifications to the Act of 5 March 2002 concerning the working, remuneration and employment conditions in case of posting of workers in Belgium and the compliance with it. One of the novelties was the obligation for a foreign employer to appoint a liaison officer (physical person) in Belgium to act as a contact person with the Belgian inspectorate. The Royal Decree of 14 September 2017 that was published yesterday in the Belgian State Gazette states that the liaison officer must be appointed through the LIMOSA declaration. The Royal Decree enters into force on 1 October 2017.

- Claeys & Engels law firm
Court of Justice ruling regarding the habitual place of work in “Ryanair-case”

In its ruling of this 14 September the European Court of Justice confirms its earlier case-law with regard to employees who simultaneously work in various Member States. These employees can bring proceedings before the courts of the place from where they perform the essential part of their duties for their employer. The national court must determine this place in concreto in the light of all relevant circumstances. For the cabin crew in the aviation industry, the ‘home base’ can therefore be a significant indicator, without being equated with it.

- Claeys & Engels law firm
Discrimination on the basis of religion? A new European decision

The issue of discrimination based on religion continues to occupy the European courts.

- Claeys & Engels, member of Ius Laboris
The Constitutional Court rekindles the debate on the necessity of a hearing prior to a dismissal in

The Constitutional Court rekindles the debate on the necessity of a hearing prior to a dismissal in the public sector

- Claeys & Engels law firm
The Code on the well-being of workers is published

The Code on well-being of workers, which coordinates the various texts concerning well-being in the workplace by grouping them in a single instrument, was published in the Belgian Official Gazette on 2 June 2017 and will enter into force on 12 June 2017. This will make it easier to find specific regulations concerning well-being of workers. It is useful to inform all the stakeholders, who play a role in the company policies on well-being of workers of this recent publication.

- Claeys & Engels law firm
Binding effect of E101 certificate (current A1 form) reconfirmed by the Court of Justice

On 27 April, the Court of Justice of the European Union pronounced again on the binding effect of an E101 certificate (now A1 form). This binding effect is applicable, even if it is found by the competent institution or the courts of the host Member State that the conditions under which the worker concerned carries out his activities do not correspond to the conditions to be subject to the social security of the other Member State.

- Claeys & Engels law firm
The deadline to conclude a departure agreement is fast approaching

The Act of 15 May 2014 relating to various provisions modified the concept of “departure” in the Act of 28 April 2003 relating to occupational pensions and the tax regime of these pensions and of certain occupational benefits regarding social security (“AOP”) and has introduced a definition of “multi-organizer pension schemes” (“MOPS”).

- Claeys & Engels law firm
Stock options and management companies

Direct grant of stock options to the director of the management company (2)

- Claeys & Engels law firm
Supreme Court pronounces on Article 30 AOP: a deficit must be covered, no matter the cause

The Supreme Court ruled in a judgment of 6 March 2017 that the organiser of a pension promise must cover deficits of the vested reserves, as well as deficits regarding the minimum guaranteed return, no matter the causes of the deficits.

- Claeys & Engels law firm
Increase in the credit of additional hours for certain part-time employees

In line with earlier announcements in the framework of the Workable and Agile Work project of Secretary of Employment Kris Peeters, the legislator - in view of more flexibility for certain part-time employees - has increased the so-called “credit of additional hours”. An RD of 23 March 2017 (Belgian State Gazette of 5 April 2017) provides the necessary amendments to the RD of 25 June 1990 in this regard. Please also see our newsletter .

- Claeys & Engels law firm