BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke and Jens Benoot, Janson
is governed by the Recast Brussels Regulation. For non-EU member states, it will be enforced in accordance with the applicable laws of the foreign state. 6.6 Third Parties and Injunctive Relief See 5.2 Discovery and Third Parties with respect to the production of documents by third parties. 6.7 Consequences of a Respondent’s Non-compliance If the respondent fails to comply with an injunc- tion, they will be subject to the same conse- quences 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. Damages may also be claimed if such damages are caused by a violation of the injunction’s terms. The first hearing is mainly a case management hearing and will typically determine the course of the proceedings: (i) default, (ii) early judgment, or (iii) full proceedings. In case of full proceedings, parties typically agree on a procedural calendar for the exchange of briefs. If an agreement can- not 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 for- go the hearing in favour of a written procedure. Following the hearing or the conclusion of the written procedure, the judge will take the mat- ter into deliberation. A judgment is generally expected within a month after the final hearing. 7. Trials and Hearings 7.1 Trial Proceedings
However, this timeline may be extended depend- ing 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 Proceed- ings . 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 concerning the admission of evidence or pro- cedures for evidence collection before the trial commences. Generally, the onus is on the claim- ant to substantiate their claim through relevant evidence. 7.5 Expert Testimony Expert testimony is permitted at trial, typical- ly by means of exhibits filed by the parties. A judge may also appoint a court expert for fac- tual matters. Courts are not obligated to adhere to expert opinions or testimonies, 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 pub- lic. Exceptions are made in cases where public order might be compromised, or in specific cir- cumstances, such as hearings involving court- appointed experts.
112 CHAMBERS.COM
Powered by FlippingBook