Act To Amend The Judicial Code And The Law Of 2 August 2002 On Combating Late Payment In Commercial Transactions To Confer The Natural Judge In Various Subjects

Original Language Title: Loi modifiant le Code judiciaire et la loi du 2 août 2002 concernant la lutte contre le retard de paiement dans les transactions commerciales en vue d'attribuer dans diverses matières la compétence au juge naturel

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009291&caller=list&article_lang=F&row_id=700&numero=739&pub_date=2014-05-22&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-22 Numac: 2014009291 SERVICE PUBLIC FÉDÉRAL JUSTICE March 26, 2014. -Act to amend the Judicial Code and the law of 2 August 2002 on combating late payment in commercial transactions to allocate in various subjects jurisdiction to the natural judge PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -New skills of the trade tribunal art.
2. article 573 of the Judicial Code, as last amended by the royal decree of July 20, 2000, is replaced by the following: 'article 573. the tribunal de commerce knows first spring: 1 ° disputes between undertakings, i.e. all persons pursuing sustainable economic purpose, an act done in the pursuit of this purpose and that are not special jurisdiction from other jurisdictions;
2 ° disputes relating to bills of Exchange and promissory on agenda.
The claim against a company can also be given to the conditions referred to in paragraph 1, 1 °, the Court of commerce, even if the applicant is not a company. Is, in this respect, no, any jurisdiction clause prior to the birth of the dispute. "."
S. 3. at article 574 of the same Code, as last amended by the law of December 30, 2009, the following amendments are made: 1 ° in the introductory sentence, the words ", even when the parties are not shopping" are repealed;
2 ° 1 is replaced by the following: "1 ° of disputes for reason of a society governed by the Code of corporations, as well as disputes arising between members of such a society, with the exception of disputes in which one of the parties is a company incorporated to the exercise of the profession of lawyer, notary or bailiff;";
3 ° 5 ° is replaced by the following: "5 ° of the shares in rectification and cancellation of registration at the Crossroads Bank of enterprises, enterprises within the meaning of article 2, 3 °, of the law of 16 January 2003 on the establishment of a crossroad Bank of companies, modernisation of the commercial register, creation of ATM-sized Chartered and containing various provisions;";
4 ° 9 ° in the words ", deemed commercial by law" are repealed.
S. 4. at article 575 of the same Code, restored by the law of 10 May 2007, the following changes are made: 1 ° the § 1 is replaced by the following: "§ 1." The commercial court knows applications between companies, referred to in article 573, paragraph 1, 1 °, relating to the law of copyright, neighbouring rights and the right of producers of databases.
The application against a company by a person who does not act itself as such, may also be brought before the tribunal de commerce.
2 ° § 3 is repealed.
S.
5. in article 577 of the Penal Code, paragraph (2) is repealed.
S. 6. in article 587, paragraph 1, 10 °, of the same Code, inserted by the law of 2 August 2002, the words "which are directed against people not shopping or against their professional or interprofessional groups" are replaced by the words "which are directed against anyone other than undertakings referred to in article 573, 1 °, or against their professional or interprofessional groups".
S.
7. at article 589 of the same Code, as last amended by the law of April 6, 2010, the following changes are made: 1 ° in the 7th, the 'traders or against their professional or interprofessional groups' words are replaced by the words "undertakings referred to in article 573, paragraph 1, 1 °, or against their professional or interprofessional groups";
2 ° in 12 ° "of a commercial company" shall be replaced by the words "of a society governed by the Code of corporations".
S. 8. in article 590, paragraph 1, of the same Code, as amended by the royal decree of 20 July 2000, the "573" figure, is inserted between the "571" figure, and the figure "574".
S. 9. in article 1338 of the same Code, as last amended by the royal decree of 20 July 2000, a subparagraph worded as follows is inserted between paragraphs 2 and 3: "these provisions apply also to any application of the jurisdiction of the tribunal de commerce when he knows to disputes referred to in article 573.".
S. 10. in article 8 of the law of 2 August 2002 on combating late payment in commercial transactions, the word "shopping" is replaced by the words "undertakings referred to in article 573, paragraph 1, 1 °, of the Judicial Code.".
CHAPTER 3. -New skills of the Justice of the peace s.
11. article 591 of the Judicial Code, as last amended by the Decree of March 16, 2012, is complemented by a 25 ° as follows: "25 ° of all applications relating to the recovery of a sum of money made by a supplier of electricity, gas, heating water or by a person offering a public electronic communications network, a service of radio transmission or broadcasting and television against a natural person who is not an undertaking referred to in article 573" , paragraph 1, 1 °, of the fact that it remains in default of payment of a supply of public utility by the supplier or by the above person. "."
S. 12. article 628 of the same Code, as last amended by the Act of May 9, 2007, is supplemented by a 25 ° as follows: "25 ° Justice of the domicile of the defendant when a supplier of electricity, gas, heating or water or a person providing a public electronic communications network, a radio transmission or broadcasting and television broadcasting service brought an action for payment of a sum of money against a natural person who is not a business to" article 573, paragraph 1, 1 °, of the fact that it remains in default of payment of a supply of public utility by the supplier or by the above person. "."
CHAPTER 4. -Disposition special s.
13. in article 578 of the Judicial Code, as amended by the law of March 29, 2012, 18 ° is repealed.
CHAPTER 5. -Provisions transitional art. 14. the business which was before, before the entry into force of this Act, the competent court under the provisions in force at the time of the referral, remain pending before this Court.
S. 15. the opposition and the third party opposition to any decision before the commencement of this Act by a competent court under the provisions in force at the date of this decision, are formed before this Court.
S. 16. the appeal of any decision before the commencement of this Act by a competent court under the provisions in force at the date of this decision, is formed before the competent court to entertain the appeal under the provisions in force at the date of this decision.
CHAPTER 6. -Entry into force art. 17. this Act comes into force the first day of the month following the expiration of a period of ten days taking price the day after its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on March 26, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) House of representatives (www.lachambre.be): Documents: 53-3076-2013/2014.
Full report: January 30, 2014.
(*) Senate (www.senate.be): Documents: 5-2465-2013/2014.
Annals of the Senate: 27 February and 13 March 2014.