Damage Under The New Belgian Tort Law

On 1 February 2024, the Belgian Parliament approved a new Book 6 of the Civil Code, bringing significant changes to the Belgium's tort liability regime. The new Book 6 is expected to be published this summer and to enter into force on 1 January 2025.

In this article we explore the novelties concerning the "damage" ("le dommage" – "de schade").

Defining the concept of damage

The term "damage" is now legally defined in Book 6 as the adverse effects resulting from the infringement of a legally protected personal interest.

A "protected interest" encompasses fundamental rights, subjective rights, freedoms and any mere interests, as long as they are recognized and protected by the law.