BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke, Jens Benoot and Lydie Van Muylem, Janson
6.7 Consequences of a Respondent’s Non- Compliance If the respondent fails to comply with an injunction, they will be subject to the same consequences as if they had failed to comply with an ordinary judgment. An injunctive relief order may impose penalties in case of non-compliance if requested by the claimant. Dam- ages may also be claimed if such damages are caused by a violation of the injunction’s terms.
7.5 Expert Testimony Expert testimony is permitted at trial, typically by means of exhibits filed by the parties. A judge may also appoint a court expert for factual matters. Courts are not obligated to adhere to expert opinions or tes- timonies, as doing so would effectively delegate their judicial authority to make final rulings on cases. This maintains the court’s autonomy in evaluating evidence and reaching its own conclusions. 7.6 Extent to Which Hearings Are Open to the Public As a general rule, hearings are open to the public. Exceptions are made in cases where public order might be compromised, or in specific circumstances, such as hearings involving court-appointed experts. 7.7 Level of Intervention by a Judge The level of intervention by judges varies. Typically, judges listen to the arguments presented and inter- vene as required. Some judges engage in what is known as “interactive debates”, taking a more active role during the hearing. In civil cases, judgments are not usually rendered during the hearing but at a later date. 7.8 General Timeframes for Proceedings In general, a judgment in civil matters is typically reached within a year following the initial hearing. However, appeal proceedings are more time-consum- ing, usually taking between two and five years. This timeframe can vary based on the case’s complexity and the number of magistrates in the relevant court of appeal. For cases involving interim or emergency measures, the duration is significantly shorter, in line with the urgent nature of such proceedings.
7. Trials and Hearings 7.1 Trial Proceedings
The first hearing is mainly a case management hear- ing and will typically determine the course of the pro- ceedings: (i) default, (ii) early judgment, or (iii) full pro- ceedings. In case of full proceedings, parties typically agree on a procedural calendar for the exchange of briefs. If an agreement cannot be reached, the court will set a calendar. Once the final briefs have been exchanged, a hearing is usually convened for oral arguments. Alternatively, parties can mutually decide to forgo the hearing in favour of a written procedure. Following the hearing or the conclusion of the written procedure, the judge will take the matter into delibera- tion. A judgment is generally expected within a month after the final hearing. However, this timeline may be extended depending on the specific circumstances of the case. 7.2 Case Management Hearings In Belgium, case management is not governed by a uniform set of rules; instead, it varies from one court to another. See also 7.1 Trial Proceedings . 7.3 Jury Trials in Civil Cases Under Belgian law, there are no jury trials in civil cases. 7.4 Rules That Govern Admission of Evidence Under Belgian law, there are no specific rules con- cerning the admission of evidence or procedures for evidence collection before the trial commences. Gen- erally, the onus is on the claimant to substantiate their claim through relevant evidence.
8. Settlement 8.1 Court Approval
Court approval is not necessary to settle a lawsuit. If the parties sign a settlement agreement, this set- tlement is binding. The parties will then inform the court that the dispute has been settled. Alternatively, the parties may also ask the court directly to sanction their agreement in a “judgment by consent” ( jugement
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