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  • Article

    EU Court Of Justice Misses Opportunity To Clarify Whether Or Not Belgian Blackout Pre-Sale Periods Conform With European Law

    On 30 June 2011, the Court of Justice of the European Union (the "ECJ") gave judgment with respect to a reference for a preliminary ruling from the Commercial Court of Dendermonde.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Union Loses Damages Claim In Lifts And Escalators Cartel Case

    The Brussels Commercial Court dismissed the first action for damages ever brought by the European Commission on behalf of the EU against members of a cartel.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Member State Level

    On 16 December 2010, the French Competition Authority imposed fines totalling € 101,000 on four welding electrode producers (Le Bronze Industriel (LBI); Schrub; Ohlmann and Weldur) for colluding on tenders to supply car manufacturers Renault and Peugeot between 2002 and 2005.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Court Of Justice Passes Judgment On Belgian Commercial Agency Legislation

    On 3 December 2015, the Court of Justice of the European Union ruled on a request for a preliminary ruling from the Brussels Court of Appeal regarding the interpretation of Council Directive 86/653/EEC of 18 December 1986 .
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    E-Commerce In The Distribution Sector: Possibility Of Night Work

    E-commerce is omnipresent in Belgium where consumers increasingly purchase products online.
    BelgiumCorporate/Commercial Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Constitutional Court Annuls Article 70 § 4 And Part Of Article 97 Of Law Governing Unified Status Of Blue Collar And White Collar Workers With Regard To Notice Periods, First Day Of Unpaid Sick Leave And Accompanying Measures

    Article 97 of the Law stipulates that blue collar workers who fall under the scope of Article 70 of the Law are excluded from the termination compensation, which is paid by the federal employment agency.
    BelgiumEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Searching Professional Inboxes And Discovering Serious Cause For Dismissal: Employers Beware!

    In the case at hand, the employer accessed the professional mailbox of an employee while she was on leave presumably in order to handle a customer request.
    BelgiumEmployment and HR
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Flanders Introduces A Safeguard Mechanism To Control Foreign Investments

    The Safeguard Mechanism is introduced amid growing concern regarding foreign investments in strategic infrastructure and technology in Europe.
    BelgiumGovernment, Public Sector
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Prospective Regulatory Framework For Public Procurement Takes Shape

    On 29 August 2011, 2 laws of 5 August 2011 amending the Law of 15 June 2006 on public contracts and certain contracts for works, supplies and services (Wet overheidsopdrachten en bepaalde opdrachten voor werken, leveringen en diensten van 15 juni 2006/Loi du 15 juin 2006 relative aux marchés publics et à certains marchés de travaux, de fournitures et de services - the "Law of 15 June 2006") were published in the Belgian Official Journal.
    BelgiumGovernment, Public Sector
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Holds That Leonidas Infringed Longchamp's Copyright On Le Pliage Handbag

    On 26 July 2018, the Brussels Court of Appeal confirmed the judgment of the Brussels Commercial Court of 25 October 2017 on whether Longchamp, owned by the Jean Cassegrain company, had a copyright ...
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Greenpeace's Use Of Maya The Bee Infringes Copyright

    It wanted to denounce Studio 100 for promoting products that are bad for children's health by licensing Maya the Bee's image for its meat products.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Injunctive Relief Granted For Infringement Of Unregistered Design Right

    On 2 March 2018, the President of the Dutch-language Commercial Court of Brussels (Voorzitter van de Nederlandstalige rechtbank van koophandel te Brussel/Président ...
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Council Of State Issues Opinion On Supreme Court's (In)Ability To Review Brussels International Business Court Judgments

    On 28 February 2019, the Council of State (Raad van State/Conseil d'État) issued an opinion on the amendment to the bill for the creation of the Brussels International Business Court (the "BIBC")...
    BelgiumLitigation, Mediation & Arbitration
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Advises Court Of Justice To Partially Annulation General Court Judgment Concerning The Breaking Of A Seal During Dawn Raid

    In May 2006, the Commission carried out an inspection at the premises of E.ON in order to verify allegations that the undertaking had participated in anti-competitive agreements.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Considers Commission Entitled To Claim Civil Damages Against Cartel Members It Has Previously Fined

    In June 2008, the Commission – representing the EU – brought parallel proceedings before the Brussels Commercial Court.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Advocate General Wathelet Clarifies Conditions Under Which Companies Can Be Held Liable For Conduct Of Independent Business Service Providers

    The case arose from proceedings before the Latvian Competition Council concerning alleged bid-rigging.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    AG Wahl Issues Opinion On Requirements To Establish Price Discrimination By A Dominant Undertaking, Endorsing The Necessity Of Carrying Out A Concrete Assessment Of All The Circumstances

    At the outset, AG Wahl made two interesting preliminary comments.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Rejects Request For Interim Measures But Considers That Pharmacists May Have Breached Competition Law

    On 19 June 2017, the Competition College of the Belgian Competition Authority rejected the request of Medicare-Market SA for interim measures against the Order of Pharmacists.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgium Adopts Law On Private Competition Damage Actions

    The bill provides that victims of a cartel have a right to full compensation as to the injury suffered.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Clarification On Relationship Between EU Common Agricultural Policy And Competition Policy (French Endive Cartel)

    The objectives of the CAP are different from those of EU competition law.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis

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