BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke, Jens Benoot and Lydie Van Muylem, Janson
Janson Chaussée de la hulpe 187 1170 Brussels Belgium Tel: +32 2 675 30 30 Fax: +32 2 675 30 31 Email: info@janson.be Web: www.janson.be
1. General 1.1 General Characteristics of the Legal System Belgium is a civil law jurisdiction. The law is estab- lished by statutes issued by the federal and regional parliaments. Legal proceedings in civil and commercial matters are governed by the Belgian Judicial Code. They are con- ducted on an adversarial model, through both written submissions and oral argument. Belgium does not have jury trials in civil and commercial matters; juries are only utilised in the most severe criminal cases. 1.2 Court System The civil court system has a three-tier structure. District courts will hear cases in the first instance. Depending on the subject matter and the nature of the parties, the competent courts will either be: • the enterprise courts ( Ondernemingsrechtbank/ Tribunal d’entreprise ), for disputes between enter- prises; • the labour courts ( Arbeidsrechtbank/Tribunal de travail ) for employment disputes; or • the courts of first instance ( Rechtbank van eerste aanleg/Tribunal de première instance ) for general civil matters and enforcement proceedings. Small claims (below EUR5,000) and specific matters (eg, disputes relating to lease contracts) fall within the competence of the justice of the peace ( Vredegerecht/ Justice de Paix ).
First instance judgments rendered by the district courts can be appealed to the courts of appeal. Appeals against judgments of the justice of the peace are brought before the courts of first instance. The appellate courts will conduct a full review of the mat- ter. Lastly, the judgments of the appellate courts can be appealed to the Belgian Supreme Court ( Hof van Cassatie/Cour de Cassation ). However, the Supreme Court review is limited in scope. The Supreme Court does not conduct a review of the facts; it will merely review the application and interpretation of the law. The Supreme Court either confirms or annuls the appeal judgment. In case of annulment, the matter is referred to another appellate court for re-examination. The average duration of proceedings in district courts is approximately one year from commencement of proceedings to trial. Proceedings before the courts of appeal may take longer, especially in Brussels where trials are typically held several years after an appeal is filed. 1.3 Court Filings and Proceedings Court filings are not accessible to third parties. Court hearings in civil and commercial matters are generally open to the public, except for certain mat- ters that are heard behind closed doors. In special circumstances, courts can adopt precau- tionary measures to maintain the confidentiality of documents produced as evidence.
41 CHAMBERS.COM
Powered by FlippingBook