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28 MARCH 2014. - Act to insert a title 2 "From action to collective reparation" in Book XVII "Special jurisdictional procedures" of the Economic Law Code and to insert the definitions specific to Book XVII in Book 1^er Economic Law Code (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. In book I^erTitle 2, of the Economic Law Code, inserts a chapter 13, which reads as follows:
"Chapter 13: Definitions in Book XVII
Art. I.21. The following definitions are applicable to Book XVII, Title 2:
1° collective damage: all individual damages with a common cause suffered by members of a group;
2° group: all injured consumers, individually, by collective prejudice and represented in the action in collective reparation;
3° action in collective reparation: the action which aims to repair a collective prejudice;
4° exclusion option system: system in which all consumers affected by collective harm are members of the group, with the exception of those who have shown their will not be part of this group;
5° system of inclusion option: system in which only members of the group are consumers injured by the collective prejudice who have demonstrated their willingness to be part of this group;
6° Group representative: 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;
7th collective reparation agreement: the agreement between the representative of the group and the defendant who organizes the compensation of the collective prejudice."
Art. 3. In the same Code, a title 2 is inserted in book XVII "Special Court Procedures", written as follows:
"Title 2. Action in collective reparation
Section 1^er. - General provisions
Section 1^re. - Competence of courts and tribunals in Brussels
[Art. XVII. 35].
Section 2. - Conditions of admissibility
Art. XVII. 36. By derogation from sections 17 and 18 of the Judicial Code, the action for collective reparation is admissible when satisfied with each of the following conditions:
1° the alleged cause constitutes a potential breach by the company of one of its contractual obligations, one of the European regulations or one of the laws referred to in Article XVII. 37 or their execution orders;
2° the action is introduced by an applicant who meets the requirements of section XVII. 39 and which is deemed adequate by the judge;
3° the use of a collective remedy seems more efficient than a common law action.
Art. XVII. 37. European regulations and legislation referred to in Article XVII. 36, 1°, are:
1° the following books of this Code:
(a) Book IV - Protection of competition;
(b) Book V - Competition and price developments;
(c) Book VI - Market practices and consumer protection;
(d) Book VII - Payment and Credit Services;
(e) Book IX - Safety of products and services;
(f) Book XI - Intellectual property;
(g) Book XII - Law of the electronic economy;
(h) Book XIV - Market practices and consumer protection relating to liberal professions;
2° the law of 25 March 1964 on medicines;
3° the law of 12 April 1965 concerning 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° the Act of 24 January 1977 on the Protection of Consumer Health with regard to foodstuffs and other products;
6° the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles;
7° the Act of 25 February 1991 on liability for defective products;
8° the law of 25 June 1992 on the land insurance contract;
9° the Act of 9 March 1993 to regulate and control the activities of matrimonial brokerage enterprises;
10° the Act of 8 December 1992 on the protection of privacy with respect to personal data processing;
11° Article 21, 5°, of the Income Tax Code;
12° the Act of 25 June 1993 on the Exercise and Organization of Ambient and Foraine Activities;
13° the Act of 16 February 1994 regulating the contract of travel organization and the contract of travel intermediary;
14° Commission Regulation 2027/97 (EC) of 9 October 1997 on the liability of air carriers in the event of an accident;
15° the law of 29 April 1999 concerning the organization of the electricity market;
16° the Act of 29 April 1999 on the organization of the gas market and the tax status of electricity producers;
17° Articles 25, § 5, 27, §§ 2 and 3, 28ter, 30bis, in 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 law;
18° the Act of 20 December 2002 on the amicable recovery of consumer debts;
19° Regulation (EC) No 261/2004 of the European Parliament and Council of 11 February 2004 establishing common rules for the compensation and assistance of passengers in the event of refusal of boarding and cancellation or significant delay of a flight, and repealing Regulation (EEC) No 295/91;
20° the law of 11 June 2004 punishing the fraud relating to the mileage of cars;
21° the law of 1^er September 2004 on consumer protection in the event of sale of consumer goods;
22° the law 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 concerning the establishment of a community list of air carriers that are subject to a prohibition of operation in the Community and information of passengers of air transport on the identity of the effective air carrier, and repealing section 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 persons with disabilities and persons with reduced mobility when travelling on air;
25° the Act of 15 May 2007 on consumer protection with regard to radiotransmission and radiocommunication services;
26° the law of 3 June 2007 relating to free bail;
27° Regulation (EC) No 1371/2007 of the European Parliament and Council of 23 October 2007 on the rights and obligations of railway passengers;
28° Articles 23 to 52 of the Act of 24 July 2008 on various provisions;
29° Regulation (EU) No. 1177/2010 of the European Parliament and Council of 24 November 2010 concerning the rights of passengers travelling by sea or by inland navigation and amending Regulation (EC) No. 2006/2004;
30° Regulation (EU) No 181/2011 of the European Parliament and Council of 16 February 2011 concerning the rights of passengers in bus and bus transport and amending Regulation (EC) No 2006/2004;
31° the Act of 30 July 2013 concerning the resale of titles of access to events.
Section 3. - Composition of the group
Art. XVII. 38. § 1^er. The group is composed by all consumers who, individually, are injured by a common cause, as described in the admissibility decision referred to in Article XVII. 43 who:
1° for those who usually reside in Belgium,
(a) in the event of the application of the exclusion option system, within the time limit set out in the admissibility decision, did not explicitly express the will not be part of the group;
(b) in the event of the application of the inclusion option system, have explicitly expressed the willingness to be part of the group within the time limit set out in the admissibility decision;
2° for those who do not habitually reside in Belgium, explicitly expressed the desire to be a member of the group within the time limit provided for in the decision on admissibility.
The consumer communicates its option to the registry. The King may specify the ways in which the consumer can communicate his choice to 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 can be organized in subcategories for collective repair.
Section 4. - The representative of the group
Art. XVII. 39. The group can only be represented by a single representative of the group.
Can act as a representative:
1° a consumer interest association with legal personality provided that it sits on the Consumer Council or is approved by the Minister on the basis of the criteria to be determined by a royal decree deliberated in the Council of Ministers;
2° an association with the legal personality, approved by the Minister, whose social object is in direct relation to the collective prejudice suffered by the group and which does not pursue an economic purpose in a sustainable manner. This association has, on the day it introduces action in collective reparation, the legal personality for at least three years. It provides evidence, through the presentation of its activity reports or any other piece, that its effective activity corresponds to its social object and that this activity is in relation to the collective interest it aims to protect.
3° the autonomous public service referred to in Article XVI. 5 of this Code, only for the purpose of representing the group in the negotiation phase of a collective reparation agreement in accordance with Articles XVII. 45 to XVII. 51.
Art. XVII. 40. The representative of the group shall, throughout the proceedings, satisfy the conditions referred to in Article XVII. 39.
In the event that one of these conditions is no longer satisfied during the proceedings, the appellant loses his capacity as a representative of the group and the judge designates another representative of the group, with the express agreement of the panel.
If no other candidate for representation meets the requirements of section XVII. 39 or accepts the status of representative of the group, the judge observes the closing of the proceedings in collective reparation.
A copy of the court decision referred to in paragraphs 2 and 3 is forwarded to the SPF Economy, SMEs, Average Classes and Energy, which publishes this decision fully on its website.
Paragraphs 2 and 3 are also applicable when the action in collective compensation was introduced by the autonomous public service referred to in section XVI. 5 of this Code and, following the absence of an approved agreement, the negotiation phase has ended.
Art. XVII. 41. Except for the hypothesis referred to in Article XVII. 40, the representation by the representative of the group shall end when:
- the judge finds, at the hearing referred to in section XVII. 61, § 2, that the collective prejudice has been fully repaired in accordance with the collective compensation agreement approved or default, to the decision on the merits;
- the judge authorizes the withdrawal of proceedings under section XVII. 65.
Section 2. - The procedure
Section 1^re. - The admissibility phase
Art. XVII. 42. § 1^er. Without prejudice to articles 1034bis et seq. of the Judicial Code, the application for collective compensation shall be addressed or filed with the Registry of the Court of First Instance, or, where applicable, of the Commercial Court and shall contain:
1° the evidence that it is satisfied with the conditions of admissibility referred to in Article XVII. 36;
2° the description of the collective prejudice that is the subject of the action in collective reparation;
3° the proposed option system and the reasons for this choice;
4° the description of the group for which the representative of the group intends to act, considering as precisely as possible the number of injured persons; where the group contains subcategories, this information is specified by subcategories;
§ 2. The parties to a collective reparation agreement may appeal to the judge by joint request for the approval of the agreement.
Without prejudice to articles 1034bis et seq. of the Judicial Code, the application contains evidence that it is satisfied with the conditions of admissibility referred to in article XVII. 36.
The collective compensation agreement, which is attached to the request, contains the elements referred to in Article XVII. 45, § 3, 2° to 13°, and determines the applicable option system and the time limit 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 who completes his request within eight days of receiving the invitation referred to in paragraph 1^er is supposed to have introduced it on the date of its first deposit.
An application not completed or completed in an incomplete or late manner is deemed not filed.
Art. XVII. 43. § 1^er. Within two months after the full or completed request is filed under section XVII. 42, § 1^er, the judge decides on the admissibility of the action in collective reparation.
§ 2. The judge authorizes action on collective reparation if the conditions of admissibility set out in section XVII. 36 are brought together and mentioned in its admissibility decision:
1 the description of the collective prejudice that is the subject of the action;
2° the cause of collective prejudice;
3° the applicable option system; if the collective compensation action is intended to repair a collective injury or moral injury, only the inclusion option system is applicable;
4° the description of the group, considering as precisely as possible the number of injured persons; where the group contains subcategories, this information is specified by subcategories;
5° the name of the representative of the group, his address, if any his business number, and the name and quality of the person or persons who sign in his name;
6° the name or name of the defendant, his address and business number;
7° the deadline and the terms and conditions for the exercise of the optional rights set out in Article XVII. 38, § 1^er : this period may not be less than thirty days or more than three months;
8° the period for the parties to negotiate an agreement on compensation for collective harm; this period that begins to run when the 7° is elapsed, cannot be less than three months or more than six months;
9° where appropriate, additional measures to publicize the admissibility decision, where the Court considers that the measures referred to in paragraph 3 are insufficient;
§ 3. The Registry shall forthwith communicate, if any after the expiry of the period of appeal, the decision of admissibility to the services of the Belgian Monitor which shall ensure its full publication within 10 days. Copie is also transmitted to SPF Economie, P.M.E., Classes Moyens et Energie, which publishes it fully on its website.
The King may set more detailed rules relating to the content and form of advertising measures referred to in paragraph 1.
§ 4. The deadline referred to in paragraph 2, 7°, begins the day after the publication in the Belgian Monitor.
Art. XVII. 44. § 1^er. Within two months after the full or completed request is filed under section XVII. 42, § 2, the judge shall rule on the application for approval of the collective compensation agreement, in order to verify its conformity with Articles XVII.36 and XVII. 45, § 3, 2° to 13°.
§ 2. The judge refuses to register if the conditions of admissibility of Article XVII. 36 are not gathered.
§ 3. Articles XVII. 49 to 51 are applicable by analogy following the registration procedure.
Section 2. - Negotiating a collective reparation agreement
Art. XVII. 45. § 1^er. During the time limit set by the judge, the representative of the group and the defendant negotiate an agreement on compensation for collective harm.
At the joint request of the parties, the judge may extend the period referred to in the preceding paragraph for a maximum of six months.
§ 2. At the joint request of the parties or on its own initiative, but with the agreement of the parties, the judge may designate, under the same conditions as section 1734 of the Judicial Code, an authorized mediator to facilitate the negotiation of the agreement.
§ 3. The collective compensation agreement contains, at least, the following:
1° a reference to the admissibility decision referred to in Article XVII. 43;
2° the detailed description of the collective prejudice subject to the agreement;
3° the description of the group and, where applicable, of its various subcategories, as well as the indication or estimate as accurate as possible of the number of consumers concerned;
4° the name of the representative of the group, his address, if any his business number, and the name and quality of the person or persons who sign in his name;
5° the name or name of the defendant, his address and business number;
6° the terms and contents of the repair; where the repair takes place by equivalent, the amount of compensation may be calculated on an individual or global basis, for the whole or certain categories of the group;
7° where the decision on the admissibility of the judge, or the collective compensation agreement referred to in Article XVII.42, § 2, provides for the application of an exclusion option system, the time limit for which the members of the group may apply to the registry, in order to obtain individually repair, as well as the procedure to be followed;
8° the amount of compensation payable by the defendant to the representative of the group; the amount cannot exceed the actual costs incurred by the representative;
9° the handling by the parties of the costs related to advertising measures referred to in Articles XVII. 43, § 2, 9° and § 3, and XVII. 50;
10° where applicable, the guarantees to be provided by the defendant;
11° where applicable, the procedure for revising the collective compensation agreement in the event 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 aggravation of the damage occurring after the conclusion of the agreement;
12° where the measures referred to in Article XVII. 50 are considered insufficient, additional advertising measures of the approved collective compensation agreement;
13° where applicable, the text of the agreement to be published in accordance with Article XVII.50;
14° the date of the agreement and the signature of the parties.
Art. XVII. 46. The conclusion of a collective reparation agreement does not preclude recognition of the defendant's liability or guilt.
Art. XVII. 47. The most diligent party submits the collective reparation agreement to the judge's approval. He informs the other party without delay by communicating the exact date.
Art. XVII. 48. When the group representative and the respondent failed to enter into a collective compensation agreement before the expiry of the time limit set by the judge, the panel representative shall inform the judge without delay. He also informs the defendant without delay of the date of this communication to the judge.
Section 3. - Approval of the collective reparation agreement
Art. XVII. 49. § 1^er. The judge examines the collective compensation agreement that is filed in the Registry to verify its compliance with section XVII. 45, § 3.
In the event of non-compliance with Article XVII.45, § 3, the judge shall refer the agreement to the parties by inviting them to complete it within the time limit set by the judge, specifying the elements to be completed.
§ 2. When the agreement is complete or completed, the court shall approve the agreement unless:
- the repair agreed upon for the group or for a subcategory is clearly unreasonable;
- the period referred to in Article XVII. 45, § 3, 7°, is manifestly unreasonable;
- additional advertising measures referred to in Article XVII. 45, § 3, 11°, are manifestly unreasonable;
- compensation under section XVII. 45, § 3, 8°, exceeds the costs actually borne by the representative of the group;
The judge may, when he or she deems to refuse the approval of the agreement on the basis of one of the reasons referred to in paragraph 1^er, invite the parties to review their agreement on this matter, within a time frame.
§ 3. In his ordinance the judge designates the liquidator among the persons listed under section XVII. 57.
§ 4. The registration order has the effect of a judgment within the meaning of section 1043 of the Judicial Code. It binds all members of the group, with the exception of the consumer who, although part of the group, demonstrates that they were not reasonably able to take note of the admissibility decision during the period set out in Article XVII. 43, § 2, 7°.
Art. XVII. 50. The Registry shall communicate immediately after the expiry of the period of appeal, the order for the approval of the collective reparation agreement and the text of this agreement to the services of the Belgian Monitor that shall ensure its full publication within ten days. Copie is also transmitted to SPF Economie, P.M.E., Classes Moyens et Energie, which publishes these documents entirely on its website.
The period referred to in Article XVII. 45, § 3, 7°, begins to run the day after the publication in the Belgian Monitor.
Art. XVII 51. The approval of a collective compensation agreement does not take the defendant's liability or guilt.
Section 4. - Decision on the merits
Art. XVII. 52. Examination of the action in collective repair, introduced in accordance with Article XVII. 42, § 1^eris prosecuted by the judge when:
- the representative of the group and the defendant did not enter into a collective compensation agreement within the time limit set by the judge in his decision of admissibility pursuant to Article XVII. 43, § 2, 8°, possibly extended under Article XVII. 45. § 1^er ;
- the representative of the group and the respondent did not respond to the judge's invitation to complete the agreement within the time limit set out in Article XVII. 49, § 1^erParagraph 2;
- the judge denied the approval of the agreement under section XVII. 49, § 2.
Art. XVII. 53. In the month, the court summons the representative of the group and the defendant under judicial fold to appear at the hearing set by the judge.
The one month period begins to run the following day:
- the day the representative of the group informed the judge of the absence of an agreement in accordance with Article XVII. 48;
- on the day of the time limit set by the judge in his decision of admissibility, pursuant to Article XVII. 43, § 2, 8°, possibly extended under Article XVII. 45, § 1^er ;
- on the day of notification by the court, in accordance with Article 792 of the Judiciary Code, of the judge's decision not to approve the collective reparation agreement pursuant to Article XVII. 49, § 2.
At this hearing, the judge determines the time limits for the investigation and decision of the case.
Art. XVII. 54. § 1^er. The judge's decision on the merits that concludes a collective compensation obligation in the respondent's head contains at least the following:
1° a reference to the admissibility decision referred to in Article XVII. 43;
2° the detailed description of the collective prejudice;
3° the description of the group and, where applicable, of its various subcategories, as well as the indication or estimate as accurate as possible of the number of consumers concerned;
4° the name of the representative of the group, his address, if any his business number, and the name and quality of the person or persons who sign in his name;
5° the name or name of the defendant, his address and business number;
6° where applicable, additional measures to publicize the decision on the merits, where the judge considers that those referred to in Article XVII. 55 are insufficient;
7° the terms and the amount of the repair; where the amount is equivalent, the judge appreciates, under the circumstances of the case, the opportunity to set a total amount of compensation, if any by subcategory, to be shared between members of the group or an individualized amount, due to each consumer who declares himself. The repair procedures may vary depending on the possible subcategories of the group;
8° where in its decision of admissibility the judge applies the exclusion option system, the period during which the members of the group may apply to the registry, in order to obtain redress, as well as the modalities to be followed;
9° where applicable, the guarantees to be provided by the defendant;
10° the procedure for revising the collective reparation decision in the event of damage, predictable or not, after the judgment.
§ 2. In its decision on the merits the judge designates the liquidator among the persons listed under section XVII. 57.
§ 3. The judge's decision on the merits that rejects collective reparation in the respondent's head refers to the admissibility decision referred to in section XVII. 43.
§ 4. Fees related to advertising measures referred to in Article XVII. 43, § 2, 9° and § 3, in Article XVII. 55 and § 1^er, 6°, of this article is the responsibility of the successor party.
§ 5. The judge's decision on the merits binds all members of the group, with the exception of the consumer who, although part of the group, demonstrates that they were not reasonably able to take note of the admissibility decision during the period set out in Article XVII. 43, § 2, 7°.
Art. XVII. 55. The Registry shall forthwith communicate, after the expiry of the period of appeal, the decision of the judge on the merits to the services of the Belgian Monitor that shall ensure its full publication within ten days. Copie is also transmitted to SPF Economie, P.M.E., Classes Moyens et Energie, which publishes this decision entirely on its website.
The period referred to in Article XVII. 54, § 1^er, 8°, begins to run the day after the publication of the decision to the Belgian Monitor.
Art. XVII. 56. At any time, during the proceedings on the substance referred to in articles XVII. 51 to XVII. 54 and as long as the judge has not rendered the decision referred to in Article XVII. 53, § 1^erthe parties may enter into a collective compensation agreement and submit it to the judge for approval. This is carried out in accordance with articles XVII. 49 to XVII. 51.
Section 5. - the execution of the approved agreement or the decision on the merits
Art. XVII. 57. § 1^er. The liquidator is chosen from among the persons on the list established by the general assembly of the competent jurisdiction to hear a collective reparation action.
May only be admitted to the list referred to in paragraph 1^er, lawyers, departmental officers or legal agents in the exercise of their profession or function, with the provision of proficiency guarantees with respect to procedures for the settlement of injury.
§ 2. The liquidator shall ensure the correct execution of the approved agreement referred to in Article XVII. 49, § 2, or the decision on the substance referred to in Article XVII. 54, § 1^er.
Art. XVII. 58. § 1^er. Within a reasonable time, the liquidator shall draw, on the basis of the data provided by the Registry, a provisional list of members of the group who wish to obtain a repair, if any by subcategory. The provisional list contains the data of members of the group who have made themselves known expressly.
When the liquidator considers that a member of the group that has identified is not satisfied with the description of the group, or if any of a subcategory or with the prescribed terms, it refers to the contestation of its registration on the provisional list and specifies the reasons.
§ 2. As soon as the provisional list is established, the liquidator shall communicate it to the judge, the group representative and the defendant. At the same time, he informs the members of the group that he proposes to exclude, indicating the reasons for their exclusion. The list is available at the Registry.
§ 3. Within thirty days of the notification of the provisional list, extended 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 the registry the registration or exclusion of a member of the group on the provisional list, specifying the reasons.
At the latest, within fourteen days of the delivery of the period provided for in the first paragraph, the Registry shall inform the member of the group concerned and the liquidator of the information provided.
Within fourteen days, the representative of the group, the respondent, the members of the group whose registration to the provisional list is contested and the liquidator may make their position known to the registry.
§ 4. Within thirty days of the time limit set out in paragraph 3, the judge shall summon the liquidator, the defendant and the representative of the group, and the members of the group whose inscription on the provisional list is contested in order to decide on the final list.
A hearing referred to in paragraph 1^erthe judge shall hear the liquidator, the representative of the group, the defendant and the members of the group whose listing is contested.
§ 5. The final list of members of the group entitled to compensation shall be constituted after the hearing referred to in paragraph 4.
The Registry shall communicate the final list to the liquidator, the group representative and the defendant. He shall promptly inform the members of the group whose registration on the final list is refused by the judge.
Art. XVII. 59. § 1^er. The liquidator forwards to the judge a detailed quarterly report on the execution of this mission.
§ 2. The defendant shall fulfil its obligation to repair in kind under the control of the liquidator and, in the event of an equivalent repair, shall pay the compensation set out in accordance with the agreement approved in accordance with Article XVII. 45, § 3, 6°, or as determined by the judge in accordance with Article XVII. 54, § 1^er7°.
Art. XVII. 60. The judge shall remain seized until the full performance of the repair provided by the approved agreement or the decision on the merits for the benefit of all members of the group on the final list drawn up pursuant to Article XVII. 58, § 5.
Art. XVII. 61. § 1^er. When the approved agreement or the judge's decision on the merits is fully implemented, the liquidator shall forward a final report to the judge. This report is also transmitted for information to the group representative and the respondent.
This final report contains all the information necessary for the judge to make a decision on the final closing of the action in collective compensation. Where applicable, the final report specifies the amount of the remaining unpaid balance to consumers.
This final report also contains a detailed statement of liquidator fees and compensation. The allowance is calculated in accordance with the rules established by the King.
§ 2. The judge decides on the final report. It determines the use that the defendant must make the remaining balance, if any, referred to in paragraph 1^ersecond paragraph. By approving it, the judge definitively terminates the execution procedure provided by the liquidator.
The approval of the final report by the judge is enforceable on the basis of which the liquidator may claim payment of his expenses and benefits to the defendant.
Art. XVII. 62. The Registry shall communicate the decision referred to in section XVII. 61, § 2, to the services of the Belgian Monitor who publish it in full within ten days. It also communicates to SPF Economie, P.M.E., Classes Moyens et Energie, which publishes it on its website.
The publication to the Belgian Monitor makes the limitation period for action in civil liability of the representative of the group and the liquidator.
Section 3. - Prescription, procedural incidents and interactions with other procedures
Section 1^re. - Prescription
Art. XVII. 63. § 1^er. When the request for collective compensation is declared admissible by the judge, the limitation period for the individual action of the consumer who opted for the exclusion of the group under Article XVII. 38, § 1^er, 1°, a), is suspended for the period that separates the day of the publication of the admissibility decision to the Belgian Monitor on the day that he communicated his option to the Registry.
§ 2. When the judge finds the end of the proceedings in collective reparation pursuant to Article XVII. 40, the limitation period for the individual action of the consumer who is a member of the group is suspended for the period between the date of publication of the decision of admissibility to the Belgian Monitor on the day the closure of the proceedings is found.
§ 3. The limitation period for individual consumer action excluded from the final list pursuant to Article XVII. 58, § 4, is suspended for the period between the date of publication of the admissibility decision referred to in Article XVII. 43 to the Belgian Monitor, of the day he is informed by the Registry of his non-registration on the said list pursuant to Article XVII. 58, § 5.
Section 2. - Procedural incidents
Art. XVII. 64. By derogation from Article 807 of the Judiciary Code, the representative of the group may no longer modify or extend the action in compensation for collective harm.
Art. XVII. 65. By derogation from Article 820 of the Judicial Code, the representative of the group can only with the consent of the judge.
By derogation from Article 826 of the Judicial Code, the limitation period for the individual action of the members of the group is considered suspended from the date of the filing of the application referred to in Article XVII. 42, where the judge grants the discontinuation of proceedings.
By derogation from Article 821 of the Judicial Code, the representative of the group cannot resist the action.
Art. XVII. 66. By derogation from articles 566 and 856, paragraph 2, of the Judicial Code, a request for collective reparation and a request for individual reparation cannot be attached for connexity.
Section 3. - Interactions with other procedures
Art. XVII. 67. The judge shall rule on the admissibility of an action for collective reparation, the registration of the agreement for compensation for collective harm or the merits of the dispute notwithstanding any prosecution before a criminal court for the same facts.
A consumer who is a civil party before a criminal court is not a member of the group and will not benefit from the action in collective reparation unless he or she denies his or her civil party constitution before the expiry of the option period referred to in Article XVII. 43, § 2, 7°.
Art. XVII. 68. The action in collective reparation does not preclude a member of the group and the respondent party participating for the same cause in an extrajudicial settlement of a dispute. In the event that such a settlement leads to a solution to the dispute, the consumer loses his capacity as a member of the group and the respondent informs the registry.
Art. XVII. 69. As soon as the judge has made a decision on the admissibility of a collective compensation proceeding in accordance with Article XVII. 43,
- any individual procedure already introduced 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 shall be extinguished;
- any new individual procedure introduced 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 cause is inadmissible. ".
CHAPTER III. - Transitional provision
Art. 4. The action for collective compensation may only be introduced if the common cause of collective damage occurred after the coming into force of this Act.
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. The King shall determine the date of entry into force of each of the provisions of this Act and of each of the provisions set out in this Act in the Economic Law Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 28 March 2014.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives:
(www.lachambre.be)
Documents: 53-3300 and 53-3301 - 2013/2014.
Full report: 13 March 2014.
Senate:
(www.senate.be)
Documents: 5-2747 - 2013/2014.