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ARTICLE · 07 APRIL 2025

Unfair Clauses In B2C And B2B Contracts: Be Aware Of Different Sanctions

Crowell & Moring LLP
Crowell & Moring LLP
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When drafting contracts and contractual terms, there is a duty to maintain a balance between the rights and duties of the parties.

BelgiumConsumer Protection
Emmanuel Plasschaert
Emmanuel Plasschaert
Frederik Van Remoortel
Frederik Van Remoortel
Delphine Keppens
Delphine Keppens

What You Need to Know

Key takeaway #1

When drafting contracts and contractual terms, there is a duty to maintain a balance between the rights and duties of the parties. Clauses that do not maintain this balance may be unfair and declared null.

Key takeaway #2

A clause in a B2C contract that is declared unfair and null cannot be replaced with a fair wording and the undertaking cannot rely on national suppletive provisions to be compensated for its loss.

Key takeaway #3

When a clause is declared unfair in a B2B contract, the judge has the power to restore the balance of the contract in accordance with common law. This requires necessary proof of damage.

Contract Management Practices Update in Belgian Law in 2025

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