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26 MARCH 2014. - An Act to amend the Judicial Code and the Act of 2 August 2002 concerning the fight against delay in payment in commercial transactions with a view to assigning jurisdiction to the natural judge in various matters

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - New skills of the Commercial Court
Art. 2. Section 573 of the Judicial Code, last amended by the Royal Decree of 20 July 2000, is replaced by the following:
"Art. 573. The Court of Commerce has first jurisdiction:
1° of disputes between companies, i.e. between all persons who pursue an economic purpose in a sustainable manner, concerning an act carried out in pursuit of that purpose and who do not fall within the special jurisdiction of other jurisdictions;
2° of the disputes relating to exchange letters and promissory notes.
The application against a company may also be filed under the conditions referred to in paragraph 1^er, 1°, before the Commercial Court, even if the applicant is not a business. Any attributive jurisdiction clause prior to the birth of the dispute is null and void. ".
Art. 3. In section 574 of the same Code, last amended by the Act of 30 December 2009, the following amendments are made:
1° in the introductory sentence, the words "even when the parties are not merchants" are repealed;
2° 1° is replaced by the following:
"1° of disputes arising out of a corporation governed by the Code of Societies, as well as disputes arising between associates of such a corporation, with the exception of disputes in which one of the parties is a corporation constituted for the exercise of the profession of a lawyer, notary or judicial officer; ";
3° the 5° is replaced by the following:
"5° of actions to rectify and de-list registrations to the Business Bank, companies within the meaning of Article 2, 3°, of the Act of 16 January 2003 establishing a Business Crossroads Bank, modernization of the Business Register, creation of approved business windows and carrying various provisions;"
4° in 9° the words ", deemed commercial by law" are repealed.
Art. 4. In section 575 of the same Code, restored by the Act of 10 May 2007, the following amendments are made:
1° § 1^er is replaced by the following:
§ 1^er. The Commercial Court shall hear applications between companies referred to in Article 573, paragraph 1^er, 1°, relating to copyright, neighbouring rights and the right of database producers.
The application against a company by a person who does not act in this capacity, may also be brought before the Commercial Court.
2° § 3 is repealed.
Art. 5. In section 577 of the same Code, paragraph 2 is repealed.
Art. 6. In section 587, paragraph 1^er, 10°, of the same Code, inserted by the law of 2 August 2002, the words "that are directed against non-commercial persons or against their professional or inter-professional groupings" are replaced by the words "that are directed against any person other than companies referred to in section 573, 1°, or against their professional or inter-professional groupings".
Art. 7. In section 589 of the same Code, last amended by the Act of 6 April 2010, the following amendments are made:
1° in 7°, the words "commerçants or against their professional or interprofessional groupings" are replaced by the words "companies referred to in Article 573, paragraph 1^er1°, or against their professional or interprofessional groupings";
2° in the 12th the words "of a commercial society" are replaced by the words "of a society governed by the Code of Companies".
Art. 8. In section 590, paragraph 1^er, of the same Code, last amended by the Royal Decree of 20 July 2000, the number "573," is inserted between the number "571," and the number "574".
Art. 9. In article 1338 of the same Code, last amended by the Royal Decree of 20 July 2000, a paragraph written as follows is inserted between paragraphs 2 and 3:
"These provisions also apply to any application of the jurisdiction of the trade tribunal when it is aware of the disputes referred to in section 573. ".
Art. 10. In Article 8 of the Act of 2 August 2002 concerning the fight against payment delay in commercial transactions, the word "commerçants" is replaced by the words "companies referred to in Article 573, paragraph 1^er1° of the Judicial Code. ".
CHAPTER 3. - New skills of the justice of the peace
Art. 11. Article 591 of the Judicial Code, last amended by the decree of March 16, 2012, is supplemented by a 25° written as follows:
"25° of all claims relating to the recovery of a sum of money introduced by a supplier of electricity, gas, heating or water or by a person offering a public electronic communications network, a radio-transmission or broadcasting service and television broadcasting services against a natural person who is not a business referred to in section 573, paragraph 1^er, 1°, because it remains in default of payment of a supply of public utility service by the supplier or the person referred to above. ".
Art. 12. Section 628 of the same Code, last amended by the Law of 9 May 2007, is supplemented by a 25° written as follows:
"25° the judge of the defendant's domicile where a supplier of electricity, gas, heating or water or a person proposing a public electronic communications network, a radiotransmission or broadcasting service and television broadcasts shall bring an action to pay a sum of money against a natural person who is not a business referred to in section 573, paragraph 1^er, 1°, because it remains in default of payment of a supply of public utility service by the supplier or the person referred to above. ".
CHAPTER 4. - Special provision
Art. 13. In section 578 of the Judicial Code, last amended by the Act of 29 March 2012, the 18th is repealed.
CHAPTER 5. - Transitional provisions
Art. 14. The cases before the coming into force of this Act, the competent jurisdiction under the provisions in force at the time of the referral, shall remain pending before that jurisdiction.
Art. 15. The opposition and the third party opposed to any decision made prior to the coming into force of this Act by a competent court under the provisions in force on the date of that decision shall be brought before that court.
Art. 16. The appeal of any decision made prior to the coming into force of this Act by a competent court under the provisions in force on the date of that decision shall be brought before the competent court to hear the appeal under the provisions in force on the date of that decision.
CHAPTER 6. - Entry into force
Art. 17. This Act comes into force on the first day of the month following the expiration of a period of ten days beginning on the day after its publication in the Belgian Monitor.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels, March 26, 2014.
PHILIPPE
By the King:
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: 53-3076 - 2013/2014.
Full report: 30 January 2014.
(*) Senate (www.senate.be):
Documents: 5-2465 - 2013/2014.
Annales of the Senate: February 27 and March 13, 2014.