In a series of 3 rulings handed down on 20 May 2026, the Belgian Council of State (highest administrative court) confirms what most legal practitioners have been saying for a long time : the restriction of sales periods to the months January and July, as set out in the Belgian Code of Economic Law, is unlawful.
Hence : sales should be allowed all year long.
The facts can be summarized as follows: a shop did use the word "sales" outside the legally permitted sales periods (January and July) and was fined for that by the Ministry of Economical Affairs.
The shop invoked the incompatibility of the restriction under Belgian law of the sales periods to January and July with European Directive 2005/29/EC on unfair commercial practices. That Directive achieves maximum harmonisation of unfair practices towards consumers: in other words, if not prohibited under the Directive, a commercial practice can be used to promote the sale of their products; national laws cannot prohibit other
