Law On The Insertion Of A 2 'of The Collective Action"title To Book Xvii"special Proceedings"economic And Amending Law Code Insertion Of Definitions Specific To The Book Xvii In The 1St Book D Code

Original Language Title: Loi portant insertion d'un titre 2 « De l'action en réparation collective » au livre XVII « Procédures juridictionnelles particulières » du Code de droit économique et portant insertion des définitions propres au livre XVII dans le livre 1er du Code de d

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011217&caller=list&article_lang=F&row_id=800&numero=803&pub_date=2014-04-29&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-04-29 Numac: 2014011217 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 28, 2014. -Law on the insertion of a title 2 'of the collective action"book XVII 'Special proceedings' economic and amending law code insertion of definitions specific to the book XVII in the 1st book of the Code of law economic (1) PHILIPPE, King of the Belgians, A all, present and future, 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. in book I, title 2, of the Code of economic law, there shall be inserted a chapter 13 as follows: "chapter 13: Definitions specific to book XVII art." I.21. the following definitions are applicable to book XVII, title 2: 1 ° collective prejudice: individual damage all having a common cause suffered by members of a group;
2 ° group: all injured consumers on an individual basis, by the prejudice collective and represented in the collective action;
3 ° collective reparation action: the action that has for object the compensation from a collective;
4 ° exclusion option system: System in which are members of the group all consumers harmed by the collective prejudice, with the exception of those who have expressed a wish not to be part of this group.
5 ° inclusion option system: System in which are only members of the group adversely affected by the collective harm consumers who have demonstrated their desire to be part of this group.
6 ° representative of the Group: the association acting on behalf of the Group during a collective reparation action or the autonomous public service referred to in article XVI. 5 of this Code;
"7 ° collective reparation agreement: the agreement between the representative of the Group and the defendant who organizes the collective damage."
S.
3. in the same Code, title 2 is inserted in book XVII "Special proceedings", read as follows: "title 2. The collective action chapter 1.
-Provisions General Section 1. -Jurisdiction of the courts and tribunals of Brussels [s. XVII. 35].
Section 2. -Conditions of admissibility s.
XVII. 36. By way of derogation from articles 17 and 18 of the Judicial Code, the collective action is admissible when it is meets each of the following conditions: 1 ° the alleged cause is a potential violation by the company of any of its contractual obligations, to one of the European regulations or any of the laws referred to in article XVII. 37 or their execution orders.
2 ° action shall be commenced by an applicant who meets the requirements referred to in article XVII. 39 and that is considered adequate by the judge;
3 ° the use of collective compensation seems more efficient than a common law action.
S. XVII. 37. The Europeans and the legislations referred to in article XVII regulations. 36, 1 °, are the following: 1 ° the following books of this Code: has) book IV - Protection of competition;
(b) book V - the competition and price developments;
(c) Book VI - the market practices and the protection of the consumer;
(d) Book VII - payment and credit Services;
(e) book IX - the safety of products and services;
(f) book XI - intellectual property;
(g) book XII - right of the e-economy;
(h) book XIV - market practices and professions concerning consumer protection;
2 ° the law of 25 March 1964 on medicines;
3 ° Act of 12 April 1965 on the transport of gaseous and other products by pipelines;
4 ° the law of 9 July 1971 regulating the construction of dwellings and the sale of dwellings to be built or under construction;
5 ° Act of 24 January 1977 on the protection of the health of consumers in relation to food and other products;
(6) Act of 21 November 1989 on compulsory insurance of liability for motor vehicles;
7 ° the liability for defective products act of 25 February 1991;
8 ° the law of 25 June 1992 on terrestrial insurance contract;
9 ° the law of 9 March 1993 aimed to regulate and control the activities of matrimonial brokerage firms;
10 ° Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data;
11 article 21 °, 5 °, of the income tax Code.
12 ° the law of 25 June 1993 on the exercise and the organisation of travelling and fairground activities;
13 ° the law of 16 February 1994 governing the Organization of travel contract and the intermediary of travel contract;
14 ° Regulation 2027/97 (EC) of the Council of 9 October 1997 on the liability of air carriers in the event of accident;
15 ° Act of 29 April 1999 on the organisation of the electricity market;
16 ° Act of 29 April 1999 on the organisation of the gas market and the tax status of electricity producers;
17 ° sections 25, § 5, 27, §§ 2 and 3, 28B(c) 30bis, 39, § 3, of the Act of 2 August 2002 on the supervision of the financial sector and financial services, and violations referred to in articles 86bis of the same Act;
18 ° the amicable recovery of debts of the consumer Act of 20 December 2002;
19 ° Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delay of a flight and repealing Regulation (EEC) No 295/91;
20 ° Act of June 11, 2004, punishing the fraud relating to the mileage of cars;
21 ° Act of 1 September 2004 on the protection of consumers in the event of sale of consumer goods;
22 ° Act of 13 June 2005 on electronic communications;
23 ° Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers which are subject to an operating ban within the community and informing passengers of air transport on the identity of the operating air carrier, and repealing article 9 of directive 2004/36/EC;
24 ° Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air;
25 ° Act of 15 May 2007 on the protection of consumers with regard to the radio transmission services of home;
26 ° Act of 3 June 2007 on bail for free;
27 ° Regulation (EC) no 1371/2007 of the European Parliament and of the Council of 23 October 2007 on the rights and obligations of rail passengers.
28 ° articles 23 to 52 of the Act of 24 July 2008 concerning various provisions;
29 ° Regulation (EU) No 1177/2010 of the European Parliament and of the Council of November 24, 2010, concerning the rights of passengers travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004;
30 ° Regulation (EU) No 181/2011 of the European Parliament and of the Council of February 16, 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004;
31 ° Act of July 30, 2013 on resale of securities of access to events.
Section 3. -Composition of the group s.
XVII. 38. § 1. The group is composed by all consumers who, individually, are adversely affected by a common cause, as described in the decision of admissibility referred to in article XVII. 43 and who: 1 ° for those who are ordinarily resident in Belgium, a) in the case of application of the system of exclusion option, within the period specified in the decision on admissibility, have not expressed explicitly will not be part of the Group;
(b) in the case of application of the option of inclusion system, have explicitly expressed the desire to be part of the group in the period laid down in the decision on admissibility;
2 ° for those who reside habitually in Belgium, explicitly expressed the desire to be part of the group in the period laid down in the decision on admissibility.
The consumer communicates its option in the registry. The King may specify channels through which consumers can communicate his choice at the registry.
Subject to the application of articles XVII. 49, § 4, and XVII. 54, § 5, the exercise of the right of option is irrevocable.
§ 2. The Group may be organized into subcategories for the collective reparation.
Section 4. -The representative of the group s. XVII. 39.
The group cannot be represented by a single representative of the group.
May act as representative: 1 ° an association for the defence of the interests of consumers with the personality provided that she sits on the Board of consumption or that it be approved by the Minister on the basis of criteria to be determined by a royal decree deliberated in the Council of Ministers;
2 ° an association with legal personality, approved by the Minister, whose social purpose is in direct relation with the collective prejudice suffered by the Group and who doesn't pursue sustainable economic purpose. This association has, on the day when it introduced the collective action, for legal personality for at least three years. It provides the evidence,

with the presentation of its reports of activities or any other piece, its actual activity corresponds to its purpose and that this activity is in relation to the collective interest which it seeks protection.
3 ° the autonomous public service referred to in article XVI. 5 of this Code, only to represent the group in the phase of negotiation of an agreement of collective redress in accordance with article XVII. 45-XVII. 51 s. XVII. 40. The representative of the group throughout the collective reparation procedure satisfies the conditions referred to in article XVII. 39. in case it would be more meets any of these conditions during the procedure, the applicant loses his capacity as representative of the Group and the judge designates another representative of the group, with the express agreement of the latter.
In the event that no other candidate representation satisfies the conditions of article XVII. 39 or accepts the quality of representative of the group, j.a. noted the closure of the procedure in collective reparation.
A copy of the Court decision referred to in paragraphs 2 and 3 is transmitted to the FPS economy, SMEs, Middle Classes and energy, which publishes this decision in its entirety on its web site.
Paragraphs 2 and 3 shall also apply when the collective action was commenced by the autonomous public service referred to in article XVI. 5 of this Code and that, following the lack of agreement approved, the negotiation phase has ended.
S. XVII. 41. Apart from the case referred to in article XVII. 40, representation by the representative of the group is terminated when:-the judge noted at the hearing referred to in article XVII. 61, paragraph 2, that the collective prejudice has been fully repaired in accordance with the approved collective reparation or failing that, in the decision on the merits;
-the judge authorizes the removal of actions pursuant to article XVII.
65 Chapter 2. -The procedure Section 1. -The phase of admissibility s.
XVII. 42. § 1. Without prejudice to articles 1034bis and following of the Judicial Code, the query relating to collective reparation is addressed or lodged at the registry of the Court of first instance, or, where appropriate, of the trade tribunal and contains: 1 ° the evidence that satisfied the conditions for admissibility laid down in article XVII. 36;
2 ° the description of the collective harm that is the subject of the collective action;
3 ° the option system proposed and the reasons for this choice;
4 ° the description of the group to which the representative of the Group wishes to take action, believing, as precisely as possible, the number of people injured; When the group contains sub-categories, these information are specified by sub-category;

§ 2. The parties to a collective reparation agreement may submit to the judge by motion joint approval of the agreement.
Without prejudice to articles 1034bis and following of the Judicial Code, the query contains the evidence that it meets the conditions of admissibility referred to in article XVII. 36. the collective reparation agreement, which is attached to the request, contains the elements referred to in article XVII. 45, § 3, 2 ° to 13 °, and determines the system of applicable option as well as the deadline for consumers to exercise their right of option.
§ 3.
When the request is incomplete, the registry invites the applicant to complete it within eight days.
The applicant that complements its application within eight days of receipt of the invitation referred to in paragraph 1 is supposed to have commenced it on the date of its deposit.
A query completed or completed way incomplete or late shall be deemed introduced.
S.
XVII. 43. § 1. In the two months following the filing of the application complete or completed under article XVII. 42, § 1, the judge shall rule on the admissibility of the action in collective reparation.
§ 2. The judge authorizes the collective action if the conditions of admissibility laid down in article XVII. 36 exist and mentions in its admissibility decision of: 1 ° the description of the collective harm that is the subject of the action.
2 ° the alleged cause of the collective prejudice;
3 ° the applicable option system; If the collective action is to repair of a collective body or moral harm, only the system of inclusion option is applicable;
4 ° the description of the group, believing, as precisely as possible, the number of injured; When the group contains sub-categories, these information are specified by sub-category;
5 ° the name of the representative of the group, its address, appropriate business number, and the name and the quality of the person or persons who sign on its behalf;
6 ° the name or the name and surname of the defendant, his address and business number;
7 ° the time limit and procedures for the exercise of the option rights laid down in article XVII. 38, § 1: this time limit may not be less than thirty days nor more than three months;
8 ° the time allowed to the parties to negotiate an agreement on compensation for the collective harm; This period which starts to run when one referred to 7 ° has elapsed, cannot be less than three months nor more than six months;
9 ° if applicable, additional measures of advertising of the admissibility decision, when the Court considers that the measures referred to in paragraph 3 are inadequate;
§ 3. The registry communicates immediately, where appropriate after the expiry of the appeal period, the decision on admissibility to the Moniteur belge services that ensure its full publication within 10 days. Copy is also forwarded to the FPS economy, SMEs, Middle Classes and energy, which the fully published on his web site.
The King may lay down more detailed rules to the content and the form of advertising measures referred to in the first subparagraph.

§ 4. The time limit referred to in paragraph 2, 7 °, begin to run the day after the publication in the Moniteur belge.
S. XVII. 44. § 1. In the two months following the filing of the application complete or completed under article XVII. 42, § 2, the judge rules on the motion for approval of the agreement's collective reparation, to verify its compliance with articles XVII.36 and XVII. 45, § 3, 2 ° to 13 °.
§ 2. The judge refuses the approval if the conditions for admissibility of article XVII. 36 are not met.
§ 3. Articles XVII. 49 to 51 shall apply by analogy as a result of the approval procedure.
Section 2. -The negotiation of a collective reparation agreement art. XVII. 45. § 1.
During the period set by the judge, the representative of the Group and the respondent negotiate an agreement on compensation for the collective damage.
At the joint request of the parties, the judge may extend once the time limit referred to in the preceding paragraph for a maximum period of six months.
§
2. At the joint request of the parties or on its own initiative but with the agreement of that, the judge may designate, under the same conditions as article 1734 of the Judicial Code, a certified mediator in order to facilitate the negotiation of the agreement.
§ 3. The collective reparation agreement contains, at least, the following: 1 ° a reference to the decision of admissibility referred to in article XVII. 43;
2 ° a detailed description of the collective prejudice object of the agreement;
3 ° the description of the Group and, where applicable, its various subcategories, as well as the indication or estimate as precise as possible of the number of consumers concerned;
4 ° the name of the representative of the group, its address, appropriate business number, and the name and the quality of the person or persons who sign on its behalf;
5 ° the name or the name and surname of the defendant, his address and business number;
6 ° the terms and content of reparation; When the repair takes place by equivalent, the amount of compensation may be calculated on an individual or global basis for all or certain categories of the Group;
7 ° when the decision on admissibility of the judge, or collective reparation agreement referred to in article XVII.42, § 2, provides for a system of exclusion option, the period during which the members of the Group may apply to the registry, to individually obtain compensation, as well as the procedures to be followed;
8 ° the amount of the compensation due by the respondent to the representative of the Group; This amount may not exceed the actual costs incurred by the representative;
9 ° supported by parts of the publicity measures referred to in articles XVII-related expenses. 43, § 2, 9 ° and § 3, and XVII. 50;
10 ° where appropriate, the guarantees to be provided by the defendant;
11 ° where appropriate, the procedure for revision of the agreement's collective repair in case of damage, predictable or not, after its approval; If no procedure is determined, the agreement does not bind the members of the group for any new damage or for any unpredictable worsening of damage occurring after the conclusion of the agreement;
12 ° when the measures referred to in article XVII. 50 are considered inadequate, additional measures of advertising of the homologous collective reparation agreement;
13 ° where appropriate, the text of the agreement to be published in application of article XVII.50;
14 ° the date of the agreement and the signature of the parties.
S. XVII. 46. The conclusion of a collective reparation agreement does not constitute recognition of liability or guilt of the defendant.
S. XVII. 47. The more diligent party submits the collective reparation agreement the approval of the judge. It shall inform the other party without delay by providing the exact date.

S. XVII. 48. When the representative of the Group and the defendant failed to conclude a collective reparation agreement before the expiry of the deadline set by the judge, the representative of the Group shall inform the judge without delay. He also informed the defendant without delay of the date of this communication to the judge.
Section 3. -The approval of the collective reparation agreement art. XVII. 49. § 1. The judge examines the collective reparation agreement that is filed in the registry in order to ensure its conformity with article XVII. 45, § 3.
In the event of non-compliance with article XVII.45, § 3, the judge returns the agreement parties inviting them to complete in the time specified, specifying the items to be completed.
§ 2. When the agreement is complete or has been completed, the judge counterpart agreement, unless:-repair agreed for the group or for a subcategory is patently unreasonable.
-the time limit referred to in article XVII. 45, § 3, 7 °, is patently unreasonable.
-the additional publicity measures referred to article XVII. 45, § 3, 11 °, are patently unreasonable;
-the allowance provided for in article XVII. 45, § 3, 8 °, exceed the costs actually incurred by the representative of the Group;
The judge may, when in his opinion deny the approval of the agreement based on one of the grounds referred to in paragraph 1, invite the parties to review their agreement on this point, within a period to be fixed.
§ 3.
In its approval order judge designates the liquidator among the persons appearing on the list drawn up in accordance with article XVII. 57 § 4. The sanction order has the effect of a judgment within the meaning of section 1043 of the Judicial Code. It is binding on all the Member of the group, with the exception of the consumer which, although forming part of the group, demonstrated reasonable not being able to take note of the decision of admissibility within the period fixed in accordance with article XVII. 43, § 2, 7 °.
S. XVII. 50. The registry shall immediately communicate after the expiry of the appeal period, the sanction of the agreement's collective reparation order and the text of this agreement to the Moniteur belge services that ensure its full publication within 10 days. Copy is also forwarded to the FPS economy, SMEs, Middle Classes and energy, which publishes these documents fully on its web site.
The period referred to article XVII. 45, § 3, 7 °, begin to run the day after the publication in the Moniteur belge.
S. XVII 51. The approval of a collective reparation agreement does not constitute recognition of liability or guilt of the defendant.
Section 4. -Decision on the merits article XVII. 52. Examination of the collective action, introduced in accordance with article XVII. 42, § 1, is sued by the judge when:-the representative of the Group and the defendant have not concluded a collective reparation agreement within the deadline set by the judge in its admissibility decision, in application of article XVII. 43, § 2, 8 °, possibly extended in accordance with article XVII. 45 § 1;
-the representative of the Group and the defendant did not give the invitation of judge to complete the agreement within the time limit set in accordance with article XVII. 49, § 1, paragraph 2;
-judge denied the approval of the agreement in accordance with article XVII. 49, § 2.
S. XVII. 53. In the month, file summoned the representative of the Group and the defendant Court to appear at the hearing scheduled by judge enveloping.
The one month period begins on the day following:-agenda where the representative of the Group informed the judge of the absence of an agreement in accordance with article XVII. 48;
-the day of expiry of the deadline set by the judge in its admissibility decision, in application of article XVII. 43, § 2, 8 °, possibly extended in accordance with article XVII. 45, § 1;
-the date of the notification by the registry in accordance with article 792 of the Judicial Code, the judge's decision not to certify the agreement collective reparation in accordance with article XVII. 49, § 2.
At this hearing, the judge determines the time for the statement and the decision of the case.
S. XVII. 54. § 1. The decision of the judge on the bottom which concludes a collective reparation obligation on the part of the defendant contains at least the following elements: 1 a reference to the decision of admissibility referred to in article XVII. 43;
2 ° a detailed description of the collective prejudice;
3 ° the description of the Group and, where applicable, its various subcategories, as well as the indication or estimate as precise as possible of the number of consumers concerned;
4 ° the name of the representative of the group, its address, appropriate business number, and the name and the quality of the person or persons who sign on its behalf;
5 ° the name or the name and surname of the defendant, his address and business number;
6 ° where appropriate, additional measures of advertising from the decision on the merits, where the judge considers that those referred to in article XVII. 55 are inadequate;
7 ° the terms and the amount of the compensation; When this takes place via equivalent, the judge appreciate, according to the circumstances of the case, the opportunity to secure a total amount of compensation, if necessary by subcategory, to share between the members of the group or individual amount due to each consumer who will declare. The modalities of reparation may vary depending on possible subcategories of the Group;
8 ° when in its admissibility decision of j. application of the system of exclusion option, the period within which members of the Group may apply to the registry, to obtain compensation, as well as the procedures to be followed;
9 ° where appropriate, the guarantees to be provided by the defendant;
10 ° the procedure of review of the decision of collective reparation in the event of damage, foreseeable or otherwise, after the judgment.

§ 2. In its decision on the merits the judge means the liquidator among the persons appearing on the list drawn up in accordance with article XVII. 57 § 3. The decision of the judge on the bottom which rejects the collective reparation on the part of the defendant, referred to the decision of admissibility referred to in article XVII. 43 § 4. The expenses related to advertising measures referred to in article XVII. 43, § 2, 9 ° § 3, article XVII. 55 and in the § 1, 6 °, of this article shall be borne by the losing party.
§ 5. The decision of the judge on the merits lie all members of the group, with the exception of the consumer which, although forming part of the group, shows have reasonably could not take note of the decision of admissibility within the period laid down in article XVII. 43, § 2, 7 °.
S. XVII. 55. The registry shall transmit immediately, after the expiry of the appeal period, the decision of the judge on the merits to the Moniteur belge services that ensure its full publication within 10 days. Copy is also forwarded to the FPS economy, SMEs, Middle Classes and energy, which publishes this decision in its entirety on its web site.
The time limit referred to in article XVII. 54, § 1, 8 °, begin to run the day after the publication of the decision in the Moniteur belge.
S. XVII. 56. At any time during the proceedings on the merits referred to in articles XVII. 51 to XVII. 54 and as long as justice has not made the decision referred to in article XVII. 53, § 1, the parties may conclude a collective reparation agreement and submit it to the judge for his approval. It takes place in accordance with articles XVII. 49-XVII. 51 section 5. -L'execution of the approved agreement or the decision on the merits article XVII. 57. § 1. The liquidator is chosen among the persons appearing on the list drawn up by the General Assembly of the competent court to hear and determine an action for collective compensation.
Can only be accepted on the list referred to in paragraph 1, lawyers, judicial officers or agents of justice in the exercise of their profession or their function, providing guarantees of competence for injury settlement procedures.
§ 2. The liquidator ensures the correct execution of the approved agreement referred to in article XVII. 49, § 2, or of the decision on the merits under article XVII. 54, § 1.
S. XVII. 58. § 1.
Within a reasonable time, the liquidator draws up based on data that the registry shall provide a provisional list of the members of the group who wish to obtain a repair, if necessary by sub-category. The provisional list contains the data of the members of the group who are made known explicitly.
Where the liquidator considers that a member of the group who identified himself does not meet the description of the group, a subcategory or in the prescribed manner if necessary, he makes mention of the challenge to its inclusion in the provisional list and specify the reasons.

§ 2. As soon as the provisional list is established, the liquidator communicates it to the judge, to the representative of the Group and to the respondent. At the same time, he informed the members of the group it proposes to exclude, indicating the reasons for their exclusion. The list can be consulted at the registry.
§
3. Within thirty days of the notification of the provisional list, extendable by the judge at the request of the liquidator or of one of the parties, the representative of the Group and the defendant may challenge to graft the inclusion or exclusion of a member of the Group on the provisional list, mentioning the reasons.
Within fourteen days of the flow of the period prescribed in the first paragraph, the registry shall inform the Member of the group concerned and the liquidator indicating the reasons.


Within a period of fourteen days, the representative of the group, the defendant, the members of the group whose inclusion in the provisional list is challenged and the liquidator can make known their position from the registry.
§ 4. Within thirty days of the flow of time in paragraph 3, the judge summons the liquidator, the respondent and the representative of the group, as well as members of the group for inclusion in the provisional list is challenged to decide on the final list.
At the hearing referred to in paragraph 1, the judge hears the liquidator, the representative of the group, the defendant and the members of the group whose inclusion on the list is disputed.
§ 5. The final list of the members of the group who is entitled to a repair is made at the end of the hearing referred to in paragraph 4.
The registry communicates the final list to the liquidator, the representative of the Group and the defendant. Without delay, he informed the members of the group whose inclusion on the final list is refused by the judge.
S. XVII. 59.
§ 1. The liquidator transmits to the judge a quarterly comprehensive report on the execution of this mission.
§ 2. The defendant carries out its obligation of reparation in kind under the control of the liquidator and, in case of reparation by equivalent, he pays the fixed allowance according to what was agreed in the agreement approved in accordance with article XVII. 45, § 3, 6 °, or according to what has been set by the judge in accordance with article XVII. 54, § 1, 7 °.
S. XVII. 60. The judge remains seized until the full implementation of the remedy provided by the certified agreement or the decision on the merits for the benefit of all members of the Group appearing on the final list established under article XVII. 58, § 5.
S. XVII. 61. § 1. When the approved agreement or the decision of the judge on the merits is fully executed, the liquidator transmits to the judge, a final report. This report is also transmitted for information to the representative of the Group and to the respondent.
This final report contains all the information necessary for the judge to take a decision on the definitive closure of the collective action. Where appropriate, the final report specifies the amount of the balance remaining non-refunded to consumers.
This final report also contains a detailed fee and allowance of the liquidator statement. The indemnity is calculated in accordance with the rules laid down by the King.
§ 2. The judge decides on the final report. It determines the use that the defendant must make the possibly remaining balance referred to in paragraph 1, second subparagraph.
With approval judge ends definitely the procedure for enforcement provided by the liquidator.

The approval of the final report by the judge is enforceable on basis of which the liquidator may claim payment of its costs and benefits to the respondent.
S. XVII. 62. The registry shall communicate the decision referred to in article XVII. 61, § 2, the Moniteur belge services that the publish fully in ten days. He communicates it also to the FPS economy, SMEs, Middle Classes and energy, which publishes it on its web site.
The publication in the Moniteur belge is the period of limitation of actions in civil liability of the representative of the Group and of the liquidator.
Chapter 3. -Prescription, incidents of procedure and interactions with other procedures Section 1.
-Prescription art. XVII. 63. § 1. When the request for collective reparation is declared admissible by the judge, the period of limitation of the individual action of the consumer who has opted for the exclusion of the group in accordance with article XVII. 38, § 1, 1 °, a), is suspended for the period that separates the date of publication of the decision on admissibility in the Moniteur belge of the day where he communicated his option in the registry.
§ 2. When the judge finds the end of the procedure in collective reparation in accordance with article XVII. 40, the period of limitation of the individual action of the consumer who is a member of the group is suspended for the period that separates the date of publication of the decision on admissibility in the Moniteur belge of the day where the closure of the procedure is recorded.
§ 3. The period of limitation of the individual action of the consumer excluded from the final list in accordance with article XVII. 58, § 4, is suspended for the period that separates the date of publication of the decision on admissibility in article XVII. 43 in the Moniteur belge of the day where he is informed by the Registrar of its registration on the said list in accordance with article XVII. 58, § 5.
Section 2. -Incidents of proceedings article XVII. 64. Notwithstanding article 807 of the Judicial Code, the representative of the group cannot modify or extend the compensation of collective action.
S.
XVII. 65. By way of derogation from article 820 of the Judicial Code, the representative of the Group may discontinue the proceeding only with the consent of the judge.
By derogation from article 826 of the Judicial Code, the limitation period of the individual action of the members of the group is considered as suspended from the date of the filing of the application referred to in article XVII. 42, where the judge grants the discontinuance of proceedings.
By way of derogation from article 821 of the Judicial Code, the representative of the Group may discontinue the action.
S. XVII. 66. By way of derogation from articles 566 and 856, paragraph 2, of the Judicial Code, a collective claim and a demand of individual remedy cannot be attached for connection.
Section 3. -Interactions with other procedures art.
XVII. 67. The judge shall rule on the admissibility of an action for collective compensation, on the approval of the compensation from a collective agreement or the merits of the case notwithstanding any prosecution brought before a criminal court for the same acts.
A consumer who is part civil to criminal court is not a member of the Group and will not the collective action, benefit unless it withdraws its Constitution of civil party before the expiry of the option period referred to in article XVII. 43, § 2, 7 °.
S. XVII. 68. The collective action does not preclude that a member of the Group and the defendant participate for one cause in an out-of-court settlement of a dispute. In the event that such a regulation leads to a resolution of the dispute, the consumer loses his capacity as member of the Group and the defendant shall notify the registry.
S. XVII. 69. From the moment where the judge has taken a decision on admissibility of proceedings in collective reparation in accordance with article XVII. 43, - any individual proceedings already initiated by a person who is a member of the group in accordance with article XVII. 38 against the same defendant and having the same object and the same cause will turn off;
-any new individual proceedings brought by a person who is a member of the group in accordance with article XVII. 38 against the same defendant and having the same purpose and the same cause is inadmissible. "."
CHAPTER III. -Disposition transitional art. 4. the collective action cannot be introduced unless the common cause of the collective damage occurred after the entry into force of this Act.
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. the King sets the date of entry into force of each of the provisions of this Act and each of the provisions inserted by this law in economic law.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, March 28, 2014.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives: (www.lachambre.be) Documents: 53-3300 and 53-3301-2013/2014.
Full report: March 13, 2014.
Senate: (www.senate.be) Documents: 5-2747-2013/2014.