September 2024

 In 2019, aligning with European trends, the Belgian legislator has recognised the existence of significant imbalances in bargaining powers likely to lead to unfair trading practices between undertakings (“B2B”) and the need to prohibit them or to define their consequences.

August 2024

This newsletter addresses the latest case law from the Court of Justice of the European Union (“CJEU”) concerning late payments in commercial transactions and its implications for Belgium.

November 2023

The European Union is going ahead with its recasting (and repealing) of Directive 2011/7 combating late payment in commercial transactions. The European Commission published its Proposal for a Regulation combating late payment in commercial transactions. 

September 2023

Find out more about the EU’s Political Agreement for a Directive as regards empowering consumers for the green transition and how it will likely impact consumer information on product durability as well as greenwashing and other unfair commercial practices. 

June 2023

Book XIX frames the consequences of late payments of consumer debts in business-to-consumer transactions and addresses the amicable recovery of these consumer debts by the creditor undertaking or by a third party entrusted with the collection of the consumer debts (the “debt collector”).

March 2023

Learn more about the European Commission’s proposal for a Green Claims Directive to combat greenwashing and how it will influence product advertising and announcements. 

March 2023

On 14 September 2022, in her State of the Union, Ursula Von der Leyen announced the revision of Directive 2011/7 combating late payments in commercial transactions (the “Directive” or the “late payment Directive”). The purpose of the European Commission’s President was to reinforce the Directive's protection mechanism for creditors and to promote a decisive shift to a culture of prompt payment. The second revision of the Directive is now under way, as a Call for evidence was launched by the European Commission on 12 January 2023 and will end in March 2023.

May 2022

The Belgian legislator seems to have made some serious resolutions for 2022. After a first go in March at modernising Belgian consumer protection laws (see our previous alert), yesterday Belgium adopted an act amending Books I, VI and XV of the Code of Economic Law (the “Belgian Act”), implementing Directive (EU) 2019/2161 of 27 November 2019 as regards the better enforcement and modernisation of Union consumer protection rules (the “Omnibus Directive”). 

April 2022

The Belgian Parliament has quietly adopted new legislation likely to turn business relationships in the agricultural and food supply chain sector upside down. With a few weeks’ delay, the Directive 2019/633 on unfair trading practices in business-tobusiness relationships in the agricultural and food supply chain has been transposed in Belgium through the Act of 28 November 2021 (the “Act”), which entered into force on 25 December 2021 (FR/NL). The far-reaching nature of the Act calls for much commentary, not only on the new regime it creates (Sections 1 to 4) but also on its interactions with other legislation, such as the Act of 2 August 2002 on combating late payment in commercial transactions (the "Act of
2002"), or the Act of 4 April 2019 amending the Code of Economic Law with regard to abuse of economic dependence, unfair terms and unfair trading practices between undertakings (the "B2B Act") (Section 5).

December 2021

The Belgian legislator took advantage of the summer of 2021 to quietly adopt legislation likely to have a noticeable impact on undertakings’ cash flow, namely the Act of 14 August 2021 (FR/NL) amending the Act of 2 August 2002 on combating late payments in commercial transactions (the “Act of 2002”). These modifications to the Act of 2002, which notably restrict parties’ freedom as regards contractual payment terms, will enter into force on 1 February 2022. It is now time for the undertakings concerned to anticipate what it may mean for them.