JD Supra Belgium

Law Firm

Latest documents

• The state of play of RPM enforcement and policy in Europe

  On October 24, Dentons held a web-streamed roundtable discussion on the state of play of resale price maintenance (RPM) enforcement and policy in Europe.

• Optional VAT regime on immovable lease – New Royal Decree establishing the modalities of the option

  As from 1 January 2019, taxpayers may opt to charge VAT on the letting of immovable property for professional use (the Optional VAT Scheme). This new Optional VAT Scheme enables the lessor to deduct any input VAT. It has been established to solve problems related to VAT leakage on the letting of immovable properties.

• Secondhand ‘sale’ of permanently downloaded literary, musical or cinematographic works: exhaustion of copyright before the European Court of Justice

  In today’s ever expanding digital application landscape, lagging legislation is no longer the exception. Therefore pre-internet / online applications legislation often needs an evolutionary or teleological interpretation to accommodate these new developments.

• GDPR Guide to National Implementation: Belgium - A practical guide to national GDPR compliance requirements across the EEA

  Q1/ Applicable legislation -
 
 (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation?
 
 New legislation has been passed.
 
 ———

• Global Forum on Steel Excess Capacity’s mandate expires - Will the end of the multilateral framework for cooperation have a domino effect on trade cases?

  In February 2018, an article was published in the Journal for International Trade Law & Regulation addressing the problem of structural overcapacity in the global steel sector, and laying out the various positions that global actors had taken in relation to this problem and stressing the need for further multilateral cooperation. The article predicted that, absent such an approach based on mutual concessions and global consensus, the most probable short-term consequence would be a substantial rise in the launching of domestic investigations looking to establish trade defense instruments targeting steel imports, ultimately to the detriment of global trade and the global economy. In this brief follow up, the authors of the article look back on what has been done at the global stage since then, and formulate the conclusion that steel consuming industries across the world should expect increased tariffs on steel products in the near future.

• Belgian Competition Authority adopts guidelines on exchanges of information in the context of trade associations

  On 1 October 2019, the Belgian Competition Authority (BCA) adopted a new set of guidelines relating to exchanges of information in the context of trade associations. Following the lack of clarity highlighted by some market participants, the main objective of these guidelines is to provide legal certainty as to the type of information and market data that trade associations can exchange, internally and with their members, and what practices are certainly not allowed.

• Gun jumping: AG Tanchev tells European Court of Justice that Marine Harvest should receive one fine, not two

  There has been an important milestone in the search for more legal certainty in gun-jumping cases: On September 26, 2019, Advocate General (AG) Tanchev issued his opinion in the Marine Harvest case (C-10/18 P) and recommended that the European Court of Justice (CoJ) partially annul Marine Harvest’s gun-jumping fine.

• AG Bobek’s opinion in Budapest Bank: on object vs. effect, fish and lilies

  On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a subject that has long been a bone of contention among competition practitioners, enforcers and courts. The opinion is also noteworthy as it features an unorthodox, though pedagogic, metaphor on restrictions of competition involving fish and lilies. In sum, it is worth a commentary.

• Belgium’s Brexit Act – another step forward for certainty in uncertain times

  A number of EU-27 Member States have been accelerating their efforts to finalize national “emergency” Brexit legislative (NEBLs) measures in the event of a ‘No Deal’ or any other form of Brexit. Since our March 28, 2019, round-up of the state of play on these NEBLs1, Belgium has taken action. This Client Alert looks at the Belgian Act of April 3, 2019, on the withdrawal of the United Kingdom from the European Union (the Belgian Brexit Act) and what it means for market participants and relevant next steps.

• Belgian DPA: Requiring Customers to Allow Their ID Cards To Be Scanned To Receive Loyalty Cards Violates GDPR

  Asking to read an electronic ID card as a condition for the provision of a service (issuing a rewards/loyalty card) is disproportionate and in violation of GDPR, says the Belgian data protection authority. The company was fined €10,000.

Featured documents

• Belgium Publishes Decree on the Nanomaterial Register

  The Belgian Royal Decree Regarding the Placement on the Market of Substances Manufactured at the Nanoscale, a Report to the King, and the Opinion of the Council of State were published in the September 24, 2014, issue of the Official Gazette....

• Belgian Retail Newsletter: The Legislation On Commercial Establishments Or So-Called “Socio-Economic Permit” Legislation: From Federal To Regional (Part I)

  A prudent retailer seeking to open a point of sale in Belgium should check compliance with the legislation on commercial establishments1 which may require a declaration and/or a permit prior to the effective opening date. 

 

 During various decades, the competence regarding...

• Towards a new, more flexible legal framework for secured lending in Belgium

  Upon entering into force, the law of 11 July 2013 on security interests in rem on movable assets will provide Belgium with a modern legal framework that will greatly facilitate secured lending. Although not as all-encompassing as the US blanket lien or the English floating charge, the new Belgian...

• Belgium issues new law on anti-money laundering transposing the fourth EU Directive and implementing the FATF recommendations

  The Belgian State Gazette published on Friday 6 October 2017 the law of 18 September 2017 preventing money laundering and financing of terrorism and limiting the use of cash (the"Law"). The Law replaces the law of 11 January 1993 and introduces several changes into the Belgian AML regime, ...

• Key Regulatory Developments in Belgium

  RD 23 April 2018 (published 17 May 2018) – B-REIT RD -
 
 RD amending RD of 13 July 2018 on regulated real estate companies (B-REITs) published -
 
 This RD is an amendment to the RD of 13 July 2014 on regulated real estate companies (B-REITs).
 
 This amendment was...

• 2018 Global Employee Equity at a glance: Belgium

  Welcome to the Belgium page of our Global Employee Equity at a glance series.
 
 Stock Option Plans: Employment -
 
 Labor Concerns -
 
 There is a risk of employees claiming that they are entitled to compensation for loss of rights under the Plan where the Plan is amended...

• Belgium adopts legal framework on tenders for new offshore electricity production installations

  On 4 April 2019, the Belgian Parliament adopted a law introducing a competitive bidding procedure to award domain concessions for new offshore wind farms. In addition to setting out a general framework for the competitive bidding procedure, the law aims to further reduce subsidies granted to...

• AG Bobek’s opinion in Budapest Bank: on object vs. effect, fish and lilies

  On September 5, 2019, Advocate General Bobek published his opinion in the Budapest Bank case (C-228/18). The opinion provides very clear and practical guidance on the concept of restriction of competition by object – a subject that has long been a bone of contention among competition practitioners, ...

• Brussels Brief - European Commission Issues Strategy for “Modernised” Data Protection Rules

  The European Commission recently issued a detailed strategy underlining its revision – and modernisation – of EU data protection rules.
 
 The strategy document issued on 4 November is essentially a roadmap for EU policy changes in data protection, and follows a public consultation that...

• Spira’s Antitrust Complaint Against De Beers Reaches the End of the Road

  The long-running battle, started in 2003, between Belgian rough diamond dealer Spira and diamond producer De Beers came to an end recently. Spira had sought to convince the Belgian Competition Authority (BCA) to intervene against De Beers’ Supplier of Choice (SOC) distribution system. The BCA,...