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24 AVRIL 2014. - Act enacting the Additional Protocol to the Treaty on the Institution and Status of a Benelux Court of Justice concerning the legal protection of persons serving the Benelux Intellectual Property Organization (marks and drawings or models), done in Brussels on 24 October 2008 (1) (2)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Additional Protocol to the Treaty on the Institution and Status of a Benelux Court of Justice concerning the Jurisdictional Protection of Persons serving the Benelux Intellectual Property Organization (marks and drawings or models), done in Brussels on 24 October 2008, will come out its full and full effect.
Art. 3. The Minister of Foreign Affairs is responsible for verifying the authenticity of the documents produced for the execution in Belgium of judgments forming enforceable title, rendered under
- Additional Protocol to the Treaty on the Institution and Status of a Benelux Court of Justice concerning the legal protection of persons serving the Benelux Intellectual Property Organization (marks and drawings or models), done in Brussels on 24 October 2008; and
- Additional Protocol to the Treaty on the Institution and Status of a Benelux Court of Justice concerning the legal protection of persons serving the Benelux Economic Union, signed at The Hague on 29 April 1969.
The Minister of Foreign Affairs may delegate his or her powers to a designated official for that purpose.
The authenticated documents are forwarded to the intervention of the Minister of Justice to the Chief Clerk of the Brussels Court of Appeal, which applies the enforceable formula.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 24 April 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS.
The Minister of Justice,
Ms. A. TURTELBOOM
Seen and sealed the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Parliamentary references.
Senate (www.senate.be):
Documents: 5-2317
Annales du Sénat : 13/02/2014
House of Representatives (www.lachambre.be):
Documents: 53-3366
Full record: 13/03/2014.
(2) Entry into force: 1^er June 2014.

Additional Protocol to the Treaty on the Institution and Status of a Benelux Court of Justice concerning the Legal Protection of Persons serving the Benelux Intellectual Property Organization (marks and drawings or models)
The Kingdom of Belgium,
The Grand Duchy of Luxembourg,
The Kingdom of the Netherlands,
In view of the Treaty establishing the Benelux Economic Union, signed at `s-Gravenhage on 3 February 1958, referred to as "the 1958 Treaty",
Considering the Treaty on the Institution and Status of a Benelux Court of Justice, signed in Brussels on 31 March 1965, as amended by the Protocols of 10 June 1981 and 23 November 1984, referred to as "the 1965 Treaty",
In view of the Additional Protocol to the Treaty on the Institution and Status of a Benelux Court of Justice concerning the Legal Protection of Persons serving the Benelux Economic Union, signed at `s Gravenhage on 29 April 1969, as amended by the Protocol of 23 November 1984, referred to as "the 1969 Protocol",
In view of the Protocol concerning the jurisdictional protection of persons serving the Benelux Office of Trademarks and the Benelux Office of Drawings or Models, signed in Brussels on 11 May 1974, referred to as "the 1974 Protocol",
In view of the Benelux Intellectual Property Convention (marks and drawings or models), signed at The Hague on 25 February 2005, referred to as "the 2005 Convention".
Considering that it was desirable, within the framework of the conclusion of the 2005 Convention, to adapt to developments in human rights and labour law the legal protection, currently governed by the 1969 and 1974 Protocols, of persons serving the Benelux Bureau of the Marques and the Benelux Bureau of the Drawings or Models,
Desiring to assign persons to the service of the above-mentioned Bureaux, the Benelux Intellectual Property Organization referred to in section 1.2, paragraph 1^er, of the 2005 Convention, legal protection through the establishment of an appeal procedure.
To that end, it was decided to conclude an Additional Protocol to the Treaty of 1965 and agreed that:
CHAPTER I^er. - Definitions and jurisdiction
Article 1^er
Under this Additional Protocol, it shall be understood by:
Organization: Benelux Intellectual Property Organization (marks and drawings or models), as referred to in section 1.2, paragraph 1^erthe 2005 Convention;
- b. Committee of Ministers: the Committee of Ministers, as referred to in the 1958 Treaty;
- c. Board of Directors: the Board of Directors of the Benelux Office of Intellectual Property (marks and drawings or models), as referred to in Article 1.2, paragraph 2 (b), of the 2005 Convention;
- d. Director General: the Director General of the Agency, as referred to in Article 1.10 of the 2005 Convention;
- e. Deputy Director General: one of the Deputy Director General of the Agency, as referred to in Article 1.10, paragraph 2, of the 2005 Convention;
- f. Officers: all persons serving the Organization, including the Director General and Deputy Directors General, as well as former staff and their beneficiaries.
Article 2
- 1. The Benelux Court of Justice is solely competent to rule on any dispute between the Organization and its agents with respect to the working relationship.
- Two. This jurisdiction is exercised by a Chamber composed of three judges, one of each country, appointed by the Court within its jurisdiction for a period of three years. The Court shall include the President and his alternate. The Court may designate one or more substitutes for each judge.
- 3. Agents may appeal against any decision of the authority that affects their legal situation.
CHAPTER II. - Representation and assistance of the parties
Article 3
- 1. The Director General represents the Organization in the proceeding, unless he has a personal interest at the end of the trial. In this case, the Board of Directors shall designate the person to represent the Organization.
- Two. The Director General may appear in person or be represented or attended at the hearing by an Assistant Director General, a member of a bar in one of the three countries or any other person authorized by the Board.
Article 4
The officer may appear in person or be represented or attended by a member of the bar of any of the three countries or any other person authorized by the Chamber.
CHAPTER III. - Internal remedies
Article 5
The appeal to the Chamber of the Court is admissible only if the decision under appeal took place after an internal remedy before the authority that has made or is deemed to have made the decision. The internal appeal must be lodged within one month of the date on which the officer became aware of the decision that the officer contests.
Article 6
- 1. It is only decided on the domestic remedy after prior notice of an Advisory Board.
- Two. The Advisory Commission is made up of equal numbers of national officials from each of the three countries and is chaired by a judge of the judicial order of one of the three countries.
- 3. The members and the Chair of the Advisory Commission shall be appointed for a term of six years by the Committee of Ministers. The Committee of Ministers shall establish regulations for the appointment of members of the Advisory Commission.
- 4. The Chair of the Advisory Commission and each member shall have an alternate, designated in accordance with the terms and conditions set out in the regulation referred to in paragraph 3.
- 5. The Advisory Commission sets out its rules of procedure and its rules of procedure and submits them to the approval of the Committee of Ministers.
Article 7
- 1. The advisory board's notice shall be communicated immediately to the authority whose decision is under appeal and to the person who has filed the internal appeal.
- Two. The authority shall rule on the domestic remedy by reason of decision.
Article 8
- 1. When three months have elapsed since an officer in writing requested the authority to make a decision or since the notice referred to in section 6, paragraph 1^er (internal appeal) was communicated, the authority is considered, if it has not made a decision, to have taken a decision to reject it.
- Two. The authority may, by reasoned and notified decision to the interested party, extend the period referred to above by a maximum of two months.
CHAPTER IV. - Procedure
Article 9
The appeal is filed by application to the Court Registry within two months of the date on which the appellant was aware of the decision under appeal or the date on which a decision of rejection is supposed to be made in accordance with the provisions of Chapter III.
Article 10
The appeal has no suspensive effect unless the Speaker of the Chamber orders it.
Article 11
- 1. Within a time frame to be determined by the Speaker of the Chamber, the Organization shall file with the Court a memorandum in response to the introductory request.
- Two. This brief is accompanied by all documents in possession of the Organization that may be useful to the investigation of the case. In particular, the documents and advice of the Advisory Commission, together with the decision on domestic remedies, should be included in the memorandum.
- 3. The Speaker of the Chamber may direct the parties to file additional notes and documents to the Court Registry.
Article 12
The Registrar of the Court shall transmit to the parties a copy of the documents filed.
Article 13
- 1. The procedure shall be written unless one of the parties requests oral proceedings or the Court orders it on its own motion.
- Two. The hearings shall be public unless the Chamber decides otherwise by reasoning.
Article 14
- 1. At the hearing, the Chamber hears the witnesses and experts that it has referred, either on its own motion or at the request of the parties.
- Two. The Speaker of the Chamber swears to witnesses and experts before they are heard. The oath shall be sworn or, where appropriate, replaced by a promise in accordance with the terms provided for in the national legislation of the witness or expert.
- 3. The Speaker of the Chamber shall establish fair compensation for witnesses and experts.
Article 15
Where an officer may justify an interest, he or she is entitled to intervene in the proceeding under the conditions set out in the Rules of Procedure of the Court.
Article 16
- 1. If the Board deems the remedy to be justified, it may cancel the decision under appeal or grant compensation to the Organization for the full compensation of the injury suffered by the officer.
- Two. In legal proceedings, the Board shall rule in full jurisdiction.
- 3. Monetary litigation is defined as disputes relating to the existence or extent of a financial obligation.
Article 17
The Court shall determine the rules of procedure of the Chamber and submit it to the Committee of Ministers for approval.
CHAPTER V. - Use of languages
Article 18
- 1. French and Dutch are the languages used by and before the Chamber. The language of the procedure is the language in which the introductory request was drafted.
- Two. Witnesses use the language of their choice.
- 3. The translation of documents and oral interventions is provided free of charge by the Registry.
CHAPTER VI. - Fees and notification
Article 19
In its final judgment, the Chamber shall pay the costs and decide on the contribution to the payment of these. It may include the applicant's representation or assistance expenses in whole or in part.
Rule 20
The Registrar of the Court shall notify the parties, as soon as possible, of any judgement made.
CHAPTER VII. - Implementation
Article 21
The rulings of the Chamber that have a financial obligation are binding on an enforceable basis whose implementation against the Organization can only take place from the authorization of the Chamber.
Article 22
Enforcement is governed by the rules of civil procedure in force in the State in which it takes place. The enforceable formula is applied, without any other control than that of verifying the authenticity of the title, by the national authority, that the government of each of the Benelux countries will designate for this purpose and that it will inform the Court and the Director General.
Article 23
After the completion of the formalities referred to in articles 21 and 22 at the request of the interested party, the person may continue the forced execution by seizing directly the competent body, in accordance with national legislation.
Article 24
Execution may only be suspended under a decision of the Chamber. Monitoring the regularity of enforcement measures is within the jurisdiction of national jurisdictions.
CHAPTER VIII. - Final provisions
Rule 25
- 1. The Benelux Court of Justice has questions of interpretation of the provisions of this Protocol for the application of Chapter III of the 1965 Treaty.
- Two. This jurisdiction is exercised by the Chamber under Article 2 of this Protocol.
Rule 26
This Protocol is an integral part of the Treaty on the Institution and Status of a Benelux Court of Justice, signed in Brussels on 31 March 1965. In the absence of an express provision in this Protocol, the general principles and rules, as set out in the said Treaty and in the Rules of Procedure of the Court, shall apply to the procedure referred to in this Protocol.
Rule 27
- 1. This Protocol will be ratified and instruments of ratification will be deposited with the General Secretariat of the Benelux Economic Union.
- Two. It will enter into force on the first day of the month following the date of deposit of the third instrument of ratification.
Rule 28
The 1974 Protocol on the Jurisdictional Protection of Persons serving the Benelux Office of Trademarks and the Benelux Office of Drawings or Models is repealed from the date of entry into force of this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Brussels on 24 October 2008, in triple copy, in French and Dutch languages, both texts being equally authentic.

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