BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
the case, assess whether there has been dis - crimination or another violation, and make rec - ommendations that are closely monitored. After the intervention of the VMRI, the complainant
this reform marks a significant step forward in access to justice, it does not allow for the pursuit of individual remedies on behalf of victims. Class action Another state-based judicial mechanism in Bel - gium is class action. Until 2017, class actions were limited to consumer claims. Consumers can initiate these actions in court to seek com - pensation for damages caused by businesses, provided they can show that this collective approach is more efficient than individual civil proceedings. Consumers can participate in collective action in two ways: by “opting in,” which requires their active consent, or by “opting out,” which implies inclusion unless an individual explicitly requests to be excluded. However, it is important to note that the opt-out mechanism is not available for claims seeking compensation for physical or moral damages. The Act of 30 March 2018 extended the scope of class actions to include micro, small, and medium-sized enterprises (SMEs) that have suffered harm from a common cause. These businesses may now initiate collective actions to seek redress for individual damages result - ing from breaches of contractual obligations or consumer protection rules. The Code of Economic Law requires parties to attempt a settlement negotiation regarding collective harm before initiating litigation. Any resulting agreement must be submitted to the commercial court for approval. In 2024, Belgium revised its class action rules to align with the EU Collective Redress Directive. The key changes introduced by the new law are:
still has the option of going to court. State-Based Judicial Mechanisms
In addition to the state-based non-judicial mech - anisms, state-based judicial mechanisms are also in effect in Belgium. These can include civil lawsuits, class actions, or criminal proceedings. Civil tort litigation First, there is civil tort litigation. This mecha - nism is considered the main state-based judicial mechanism used to claim an effective remedy. In Belgium, however, as in many other countries, the possibility of effectively obtaining remedy by triggering civil courts is rather low, especially for transnational litigation. The challenges refer to the proof of the business’s liability. Labour courts have jurisdiction in employment cases (disputes between employer and employ - ee) – for example, if the employee believes that he is being discriminated against by the employ - er, for disputes concerning work-related acci - dents and occupational diseases, etc. Public interest actions The Act of 21 December 2018 amended Arti - cle 17 of the Belgian Judicial Code and relat - ed special laws to expand the admissibility of public interest actions. It enables legal persons whose statutory purpose includes the protec - tion of human rights or fundamental freedoms – enshrined in the Belgian Constitution or bind - ing international instruments – to bring legal proceedings. These legal persons must pursue a specific corporate object that is distinct from a general interest mandate and may only assert the protection of a collective interest. While
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