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Aviation: Belgian Supreme Court confirms that under the Brussels I Regulation (Recast) the substantive validity of a choice of jurisdiction clause must be assessed under the law of the chosen Member State

Aviation: Belgian Supreme Court confirms that under the Brussels I Regulation (Recast) the substantive validity of a choice of jurisdiction clause must be assessed under the law of the chosen Member State

On 8 February 2018, the Belgian Supreme Court (Court of Cassation) annulled a judgement of the Dutch speaking Commercial Court of Brussels which had assessed the substantive validity of a choice of jurisdiction clause under Belgian law rather than under the law of the Member State designed by the clause. ... Read More »

Drones:  current rules in Belgium

Drones: current rules in Belgium

Gatwick airport was recently forced to close its runways because of suspected drones entering the airspace. This incident led to the cancellations of hundreds of flights. A few days later, Santa Claus put drones under the Christmas tree of thousands of families. These events serve as a reminder of the ... Read More »

FUTURE AMENDMENTS TO BELGIAN PNR LAW

FUTURE AMENDMENTS TO BELGIAN PNR LAW

On 30 November 2018, the Belgian Council of Ministers approved a first draft of future legislation amending the Law of 25 December 2016 on the processing of passenger data (the “PNR Law”). The PNR Law sets out, inter alia, the obligations of the carrier and the travel agency concerning the ... Read More »

EU261/2004: Why are so many requests for preliminary rulings pending before the CJEU?

EU261/2004: Why are so many requests for preliminary rulings pending before the CJEU?

In the last few years the Court of Justice of the European Union has frequently been asked to issue preliminary rulings on the concept of “extraordinary circumstances” which figures in Flight Compensation Regulation No 261/2004 (“Regulation EU261”). Article 5.3 of Regulation EU261 provides that an air carrier is to be ... Read More »

Belgian Company law reform: update

Belgian Company law reform: update

On 23 October 2018, the Belgian Commercial and Business Law Parliamentary Committee approved at a first reading stage the draft Law reforming Belgian Company law. The draft Law has now to be approved at a second reading of the Committee and then submitted to the plenary session of the Belgian ... Read More »

Belgian UBO register: complex structures – who is the ultimate beneficial owner?

Belgian UBO register: complex structures – who is the ultimate beneficial owner?

The Belgian Law of 18 September 2017 (the “Law”) implementing the 4th Anti-Money Laundering Directive of May 2015 (the “4th AML Directive”) has established the Ultimate Beneficial Owners Register (“UBO Register”) in which Belgian companies, non-profit organizations, foundations, trusts and other similar entities have to record their ultimate beneficial owners. ... Read More »

Real estate transactions across Europe

Real estate transactions across Europe

Real Estate owners, investors, Asset and Property Managers today have a global and European focus when it comes to real estate investments. Being confronted with different legal and tax systems a short practical overview can be helpful for those who are trying to find their way in the different European ... Read More »

Brussels International Business Court

Brussels International Business Court

The Belgian government has announced plans to create a new Brussels International Business Court (BIBC) which would deal exclusively with international business disputes. The novelty lies in the fact that all proceedings and the judgments of the BIBC would be in English. The BIBC would be a one stop shop ... Read More »

New tax on securities accounts

New tax on securities accounts

One of the key measures of the Belgian Budget bill for 2018 is the introduction of a new tax on securities accounts for Belgian individual tax residents. Non-resident individuals and Belgian and non-Belgian resident companies are not covered by this new tax. A securities account is a special purpose bank ... Read More »

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