Posted the: 2014-05-28 Numac: 2014009281 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2014. -Act to amend book XVII of the Code of economic law with regard to persons exercising a liberal profession (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -The Code of economic law art.
2. article XVII. 7 of the Code of economic law is supplemented by a paragraph as follows: "against persons exercising a liberal profession, the action referred to in paragraph 1 may also be formed at the request of a mutual or national union. Paragraph 2 shall apply. "."
3. in book XVII, title 1, of the same Code, there shall be inserted a chapter 5/1, as follows: "Chapter 5/1. -Provisions specific to the book XIV [s. XVII. 25: 1.]
XVII. 25/2. Where the offence relates to an advertisement, the action for injunction may be brought head of breach of the provisions of articles XIV. 9, XIV. 60 to XIV. 62, XIV. 72 and XIV 73 of this Code as borne by the advertiser of the offending advertising.
However, when the advertiser is not resident in Belgium and has not designated a person responsible for having its domicile in Belgium, termination action may also be brought in support of:-written advertising editor or producer of audiovisual advertising.
-the printer or the Director, if the Publisher or producer do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium;
-the dispenser as well as any person who knowingly helps that advertising produces its effect, if printer or the Director do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium.
XVII. 25/3. The termination action may be brought against the owner of a liberal profession to his agent practices used outside the premises of this agent, when the agent did not clearly know his identity and his identity could not be reasonably known by the person who brought the action in cessation.
S. XVII. 25/4. The action in cessation of the acts prohibited by article XIV. 51 may be directed separately or jointly against several holders of liberal professions in the same sector or their associations which use or recommend the use of the same contractual General, or similar clauses.
S. XVII. 25/5. The holder of a liberal profession is required to provide, within a period of one month, the evidence regarding the material accuracy of the factual data it communicates in a practice, where an action for an injunction is brought by: 1 ° the Minister and, where appropriate, the competent Minister under article XVII.8;
2 ° the other persons referred to in article XVII.7, provided that, taking into account the legitimate interests of the owner 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 light of the circumstances of the case.
If the evidence required under paragraph 1 are not made or are deemed insufficient, the president of the Court of first instance can be considered as inaccurate factual data. "."
CHAPTER III. -Provision amending art.
4. in article XVII.23, § 4, of the Code of economic law, "to article XII.23" shall be replaced by the words "article XII.22".
CHAPTER IV. -Allocation of competencies art.
5. the King can coordinate the provisions of the Code of economic law, as that inserted by this law, with provisions that would have expressly or implicitly modified at the time where the coordination will be established.
To this end, it may: 1 ° modify the order, numbering and, in general, the presentation of the provisions to coordinate;
2 ° amend the references contained in the provisions to coordinate to put them in line with the new numbering;
3 ° amend the drafting of the provisions to coordinate to ensure consistency and to unify the terminology without that it can be infringed the principles embodied in these provisions.
Chapter V. - Entry into force art. 6 this Act comes into force on May 31, 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Middle Classes, of SMEs
and independent, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives: (www.lachambre.be).
Full report: March 27, 2014.
End of the review period: April 23, 2014.