BELGIUM Law and Practice Contributed by: Dominique Blommaert, Didier Bracke and Jens Benoot, Janson
desirable, the most common remedy is compen- sation (ie, damages). Other remedies that courts can award include: • cease and desist orders; and • civil penalties ( dwangsom/astreinte ) that accrue in case of non-compliance with a court order; civil penalties cannot be granted in case of an order to pay a sum of money. 9.2 Rules Regarding Damages Damages are available to compensate for any damage caused by fault or negligence, provided that there is a causal link between the damage and the fault or negligence. The core principle of civil liability law in Belgium is full restitution for the injured party, placing them in a position as if the damage had not occurred. The injured party is therefore entitled to full compensation. If it is difficult to determine the amount of dam- ages, the judge may make a decision based on their own best judgment (“ex aequo et bono”). Punitive damages are not available in Belgium. 9.3 Pre-judgment and Post-judgment Interest When one of the parties delays the payment of their debt, which is a clearly determined sum of money, the other party is entitled to moratory interest. Moratory interest is interest accrued in accordance with the legal interest rate, which is determined by statute, though parties may also determine a different interest rate in their con- tract. Generally, such interest accrues as of the date of the notice of default by the creditor.
Belgian law also recognises compensatory interests. Compensatory interest is only applied if the amount of money owed by the debtor is not clearly determined. The rate, in this scenario, compensates for actual damage suffered, mean- ing the judge has the discretion to decide what the appropriate rate should be. Normally, interest is calculated as simple inter- est. Compound interest is permissible exclusive- ly for moratory interest and only under specific conditions, namely after a full year of interest accrual. 9.4 Enforcement Mechanisms of a Domestic Judgment Domestic judgments, if not complied with volun- tarily, are usually enforced by the seizure of the debtor’s goods by a judicial officer, which are then sold; the proceeds of this sale are used to pay the known creditors. 9.5 Enforcement of a Judgment From a Foreign Country Foreign judgments may be enforced in Bel- gium after the issuance of an exequatur. How- ever, judgments from other EU member states are directly enforceable without exequatur, in accordance with the EU’s Brussels I Recast regulation. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation See 1.2 Court System . 10.2 Rules Concerning Appeals of Judgments Practically all judgments in Belgium can be appealed, except in cases where the law spe-
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