BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke and Jens Benoot, Janson
The writ of summons does not need to be exhaustive, and the claimant is allowed to add facts and arguments in its written submissions following the writ of summons. The claimant is also allowed to amend its claim(s). However, the amended claims must be based on the facts stated in the initial writ of summons. 3.5 Rules of Service If proceedings are initiated through a writ of summons, the writ will be served on the defend - ant by a bailiff, upon instruction of the claimant. If proceedings are initiated by a petition filed with the court, the court will notify the defendant. Foreign defendants can be sued in Belgian courts without prior court approval. The mini- mum time between the service of the writ and the introductory hearing will differ depending on the location of the foreign plaintiff. 3.6 Failure to Respond If a defendant fails to respond to a lawsuit and does not appear or is not represented at the introductory hearing, the claimant can ask the court to render a judgment in default. However, the defendant will be able to appeal the default judgment. 3.7 Representative or Collective Actions Class Actions Class actions were introduced in Belgium in 2014, albeit with limited scope. Class actions are available only for harm caused to consumers or SMEs. The claim must be based on breach of contractual obligations of the defendant, or violations of Belgian and EU rules defined in Article XVII.37 of the Code of Economic Law.
A class action is brought by a group representa- tive, which must be an accredited or specifically designated association, non-profit organisation or public entity. Following a legislative change, class action pro- ceedings initiated on or after 10 June 2024 will be brought exclusively on an opt-in basis. Opt- out class action settlements remain possible. Group Direct Actions Outside the framework of a class action, groups of plaintiffs can bundle individual claims and file proceedings jointly. This requires a sufficient nexus between the plaintiffs’ individual claims. 3.8 Requirements for Cost Estimate It is not mandatory for lawyers to provide clients with a cost estimate of potential litigation at the outset of legal proceedings. Under Belgian law, there is no distinction between pre-trial and trial proceedings. Dur- ing the proceedings, and at any time before a final judgment is rendered on the merits, interim measures and relief can be requested. Such interim measures and relief can serve two main purposes: • investigations in the case; for instance, the appointing of a judicial expert to issue an expert opinion; or • addressing or organising specific aspects of the case on an interim basis while await- ing a final judgment on the merits or until the circumstances change. 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
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