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15 MAI 2014. - An Act to amend Book XVII of the Economic Law Code with respect to persons exercising a liberal profession (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - The Economic Law Code
Art. 2. Article XVII. 7 of the Economic Law Code is supplemented by a paragraph written as follows:
"In respect of persons exercising a liberal profession, the action referred to in paragraph 1^er may also be formed at the request of a mutual or national union. Paragraph 2 is applicable. ".
Art. 3. In book XVII, title 1^erin the same Code, a chapter 5/1 is inserted, which reads as follows:
"CHAPITRE 5/1. - Special provisions in book XIV
[Art. XVII. 25/1. ]
Art. XVII. 25/2. Where the offence relates to an advertisement, the termination action cannot be brought from the count of breach of the provisions of Articles XIV. 9, XIV. 60 to XIV. 62, XIV. 72 and XIV 73 of this Code only to be paid by the advertiser of the advertisement incriminated.
However, when the advertiser is not domiciled in Belgium and has not designated a responsible person with his or her home in Belgium, the termination action may also be taken by:
- the publisher of written advertising or the producer of audiovisual advertising;
- the printer or director, if the publisher or producer does not have their domicile in Belgium and did not designate a responsible person with his domicile in Belgium;
- the distributor as well as any person who knowingly contributes to the effect of advertising, if the printer or director do not have their domicile in Belgium and did not designate a responsible person with his domicile in Belgium.
Art. XVII. 25/3. The termination action may be brought against the holder of a liberal profession for the practices of his agent used outside the premises of that agent, where the agent has not made clear his or her identity and that his or her identity could not be reasonably known by the person who initiates the action on termination.
Art. XVII. 25/4. Cessation of acts prohibited by Article XIV. 51 may be directed, separately or jointly, against several holders of liberal professions of the same sector or their associations who use or recommend the use of the same general contractual clauses, or similar clauses.
Art. XVII. 25/5. The holder of a liberal profession is required to provide, within a maximum period of one month, evidence relating to the material accuracy of the factual data that he discloses in the course of a practice, where a termination action is brought by:
1st the Minister and, where applicable, the competent minister referred to in section XVII.8;
2° the other persons referred to in Article XVII.7, provided that, in the light of the legitimate interests of the holder of the liberal profession and any other party to the proceedings, the President of the Court of First Instance considers that such a requirement is appropriate in the circumstances of the case.
If the evidence required under paragraph 1^er are not made or deemed insufficient, the presiding judge of the trial court may consider factual data as inaccurate. ".
CHAPTER III. - Amending provision
Art. 4. In Article XVII.23, § 4, of the Economic Law Code, the words "in Article XII.23" are replaced by the words "in Article XII.22".
CHAPTER IV. Attribution of skills
Art. 5. The King may coordinate the provisions of the Economic Law Code, as set out in this Act, with the provisions that would have expressly or implicitly amended them at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
CHAPTER V. - Entry into force
Art. 6. This Act comes into force on May 31, 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Average Classes, EMPs and Independents,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) House of Representatives:
(www.lachambre.be).
Documents: 53-3422 - 2013/2014.
Full report: 27 March 2014.
Senate:
(www.senate.be).
Documents: 5-2814 - 2013/2014.
Expiration of review time: April 23, 2014.