Posted the: 2014-11-04 Numac: 2014015170 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE April 24, 2014. -Law on assent to the additional protocol to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice concerning the legal protection of persons in the service of the Benelux Organisation for intellectual property (trademarks and designs), done at Brussels on October 24, 2008 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
2. the additional protocol to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice concerning the legal protection of persons in the service of the Benelux Organisation for intellectual property (trademarks and designs), done at Brussels on 24 October 2008, will release its full and complete effect.
S. 3. the Minister for Foreign Affairs is responsible for verifying the authenticity of the documents produced for the implementation in Belgium of judgments enforceable title rendered in virtue - of the additional protocol to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice regarding the judicial protection of persons in the service of the Benelux Organisation for intellectual property (trademarks and designs) done at Brussels on October 24, 2008; and - the additional protocol to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice concerning the legal protection of persons in the service of the Union economic Benelux, signed at the Hague on 29 April 1969.
The Minister of Foreign Affairs may delegate its powers to an officer designated for that purpose.
The authenticated documents are forwarded to the intervention of the Minister of Justice, to the Chief Registrar of the Court of appeal of Brussels which affixes the enforceable formula.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, on April 24, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS.
The Minister of Justice, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Parliamentary References.
Senate (www.senate.be): Documents: 5-2317 annals of the Senate: 13/02/2014 House of representatives (www.lachambre.be): Documents: complete record 53-3366: 13/03/2014.
(2) entry into force: 1 June 2014.
Additional Protocol to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice concerning the legal protection of persons in the service of the Benelux Organisation for intellectual property (trademarks and designs) the Kingdom of Belgium, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, having regard the Treaty establishing the Union economic Benelux, signed at ' s-Gravenhage February 3, 1958 referred to hereinafter "Treaty of 1958", having regard to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice, signed in Brussels on 31 March 1965, as amended by the protocols of June 10, 1981 and November 23, 1984, referred to hereinafter 'Treaty of 1965', given the additional protocol to the Treaty concerning the establishment and the Statute of a Benelux Court of Justice regarding the judicial protection of persons in the service of the Union Benelux Economic signed to ' s Gravenhage April 29, 1969, as amended by the Protocol of November 23, 1984, hereinafter referred to as "the Protocol of 1969", having regard to the Protocol on the judicial protection of persons in the service of the Benelux Trade Mark Office and the Benelux Office designs, signed in Brussels on 11 May 1974, referred to as 'the Protocol of 1974. , Having regard to the Benelux Convention on intellectual property (trademarks and designs), signed at the Hague on 25 February 2005, hereinafter referred to as 'the Convention of 2005.
Whereas it has proved desirable in the context of the conclusion of the 2005 Convention, to adapt to developments in the field of rights of man and labour judicial protection law, currently regulated by the protocols of 1969 and 1974, persons in the service of the Benelux Trade Mark Office and the Bureau Benelux des Dessins or models, wishing to assign to persons in the service of the successor in title of the aforementioned offices , the Benelux Organisation for intellectual property referred to in section 1.2, paragraph 1, of the Convention by 2005, judicial protection by the establishment of an appeal procedure.
Have decided for this purpose to conclude an additional protocol to the Treaty of 1965 and have agreed upon the following provisions: Chapter I. -Definitions and jurisdiction Article 1 under the terms of this additional protocol, it has to be understood by: Organization: the Benelux Organisation for intellectual property (trademarks and designs), as referred to in article 1.2, paragraph 1, of the Convention of 2005;
-b. Committee of Ministers: the Committee of Ministers, as referred to in the Treaty of 1958;
-v. Board of Directors: the Board of Directors of the Benelux Office for intellectual property (trademarks and designs), as referred to in article 1.2, paragraph 2 (b), of the Convention of 2005;
-d. Director general: the Director-general of the Office, as referred to in article 1.10 of the 2005 Convention.
-e. Director general Assistant: a General Director Deputy of the Office, as referred to in article 1.10, paragraph 2, of the Convention of 2005;
-f. agents: all persons in the service of the Organization, including the Director general and the Directors-General Assistant, as well as the former agents and assigns of such persons.
Section 2 - 1. The Benelux Court of Justice has exclusive jurisdiction to rule on any dispute between the Organization and its agents with respect to the employment relationship.
-2. This jurisdiction is exercised by a Chamber composed of three judges, one from each country, designated by the Court in its breast for a period of three years. The Court shall designate among the president and his Deputy. The Court may designate one or more alternates for each of the judges.
3. The officers can appeal against any decision of the authority which affects their legal position.
CHAPTER II. -Representation and assistance of the parties Article 3-1. Executive Director represents the Organization in the proceeding, unless he has a personal interest in the outcome of the trial. In this case, the Board of Directors means the person who will represent the organization.
2. The Director-general may appear in person or to be represented or assisted at the hearing by a Deputy Director-general, a member of a bar of one of three countries or any other person authorized by the Board.
Article 4 the agent may appear in person or to be represented or assisted at the hearing by a member of the bars of one of the three countries or any other person authorized by the Board.
CHAPTER III. -Internal appeal Article 5 an appeal to the Chamber of the Court is admissible if the contested decision was taken after a prior internal appeal with the authority which has taken or that is considered making the decision.
The internal appeal must be filed within one month following the date to which the agent learned of the decision disputed.
Article 6 - 1. It is held on the internal use only after prior notice to an Advisory Commission.
-2. The Advisory Board is composed in equal numbers of government officials from each of the three countries and is chaired by a judge of the judicial order of one of the three countries.
-3. Members and the Chairman of the Advisory Committee are appointed for a term of six years by the Committee of Ministers. The Committee of Ministers establishes regulations for the appointment of members of the Advisory Commission.
-4. The Chairman of the Advisory Committee and each Member have an alternate, designated as laid down in the regulation referred to in paragraph 3.
-5. The Advisory Commission establishes its rules of procedure and its rules of procedure and submit them for the approval of the Committee of Ministers.
Article 7 - 1. The opinion of the Advisory Committee shall be communicated immediately to the authority whose decision is contested and the person who brought the internal action.
-2. The authority shall decide on the internal appeal by reasoned decision.
Article 8 - 1. Three months have passed since an officer requested in writing to the authority to take a decision or since the opinion referred to in article 6, paragraph 1 (internal use) has been communicated, the authority is considered, if it took no decision, as having taken a decision to reject.
-2. The authority may, by reasoned decision notified to the person concerned, extend by two months the abovementioned period.
CHAPTER IV. -Procedure Article 9 the appeal is introduced by application lodged at the registry of the Court within two months following the date on which the applicant had knowledge of the contested decision or a decision rejecting is supposed to taken in accordance with the provisions of chapter III.
Article 10 the appeal has no suspensive effect, unless so ordered by the president of the Chamber.
Article 11 - 1. Within a period to be fixed by the president of the Chamber, the organization files at the registry of the Court a submission in response to the originating motion.
2. This memory is accompanied by all documents in the possession of the organization that may be useful
in the investigation of the case. Include join the memory documents and the opinion of the Advisory Committee, as well as the decision taken on the internal appeal.
-3. The president of the Chamber may direct the parties to file at the registry of the Court of the notes and supplementary documents.
Article 12 the clerk of the Court shall communicate to the parties a copy of the documents filed.
Article 13 - 1. The procedure is written unless one of the parties requested oral proceedings or if so directed by the Court ex officio.
-2. Hearings are public, unless the Chamber decides otherwise by reasoned decision.
Section 14 - 1. At the hearing, the Chamber heard witnesses and experts she did quote, either ex officio or at the request of the parties.
The president of the Chamber made oath to the witnesses and experts until they are heard. The oath is ready or, where appropriate, replaced by a promise under the terms laid down by the national legislation of the witness or expert.
-3. The president of the Chamber fixed equity the witnesses and experts.
Article 15 where an officer can justify an interest, it is entitled to intervene in the proceeding in accordance with the rules of procedure of the Court.
Article 16 - 1. If the Chamber judge the action based, it may annul the contested decision or grant compensation to borne by the Organization for full compensation for the injury suffered by the agent.
-2. In the disputes in monetary character, the Chamber statue full jurisdiction.
-3. Disputes to pecuniary character agree any disputes relating to the existence or extent of a financial obligation.
Article 17 the Court shall adopt the rules of procedure of the Board and shall submit it to the Committee of Ministers for approval.
Chapter V. - Use of languages Article 18-1. The french and the Dutch are the languages used by and before the Board. The language of the proceedings is that in which the application was written.
-2. The witnesses use the language of their choice.
-3. The translation of documents and oral interventions is provided free of charge by the registry.
-Fees and notification Article 19 in its final judgment, the Chamber liquid costs and to decide on the contribution to the payment thereof. It can include totally or partially the costs for representation or assistance of the applicant in the costs.
Article 20 the clerk of the Court shall notify the parties, within the shortest delay, any decision reached.
CHAPTER VII. -Execution Article 21 the Chamber judgments involving a pecuniary obligation form enforceable title which the implementation against the Organization cannot take place only by permission of the House.
Article 22 execution is governed by the rules of civil procedure in force in the State on the territory of which it takes place. The enforceable formula is applied, without another control that that verification of the authenticity of the title, by the national authority, that the Government of each of the Benelux countries shall designate for this purpose and that it will give knowledge to the Court and to the Director general.
Article 23 after the completion of the formalities referred to in articles 21 and 22 at the request of the person concerned, may pursue enforcement by entering directly the competent body, according to the national legislation.
Section 24 enforcement may be suspended only by a decision of the House. Control of the regularity of the implementing measures within the jurisdiction of national courts.
CHAPTER VIII. -Provisions Article 25-1 finals. The Benelux Court of Justice knows questions of interpretation of the provisions of the present Protocol for the purposes of chapter III of the Treaty of 1965.
-2. This jurisdiction is exercised by the Board provided for in article 2 of this Protocol.
Article 26 the Protocol is an integral part of the Treaty relating to the institution and to the Statute of a Benelux Court of Justice, signed in Brussels on 31 March 1965. The absence of express provision in the Protocol, the General principles and rules, as set out in the Treaty and in the rules of procedure of the Court, shall apply to the procedure laid down in the present Protocol.
Article 27 - 1. This Protocol shall be ratified and the instruments of ratification shall be deposited with the general secretariat of the Benelux Economic.
2. It shall enter into force the first day of the month following the date of deposit of the third instrument of ratification.
Article 28 the Protocol of 1974 concerning the legal protection of persons in the service of the Benelux Trade Mark Office and the Benelux of the designs Office is repealed from the date of entry into force of this Protocol.
In witness whereof the undersigned, being duly authorized thereto, have signed this Protocol.
Done at Brussels, on October 24, 2008, in triplicate, in Dutch and French languages both texts being equally authentic.
LIST of States LIES EtatsDate authentificationType of consentementDate of Consentemententree into force BELGIQUE24/10/2008Ratification08/05/201401/06/2014 LUXEMBOURG24/10/2008Ratification04/06/201001/06/2014 country-BAS24/10/2008Ratification22/06/200901/06/2014