Law On The Inclusion Of The Provisions Regulating Substances Referred To In Article 77 Of The Constitution In Book Xvii "special Proceedings" Of The Code Of Law Economics (1)

Original Language Title: Loi portant insertion des dispositions réglant des matières visées à l'article 77 de la Constitution dans le livre XVII " Procédures juridictionnelles particulières " du Code de droit économique (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011018&caller=list&article_lang=F&row_id=900&numero=998&pub_date=2014-01-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-28 Numac: 2014011018 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 26 December 2013. -Law concerning inclusion of the provisions regulating substances referred to in article 77 of the Constitution in book XVII "Special proceedings" of the Code of law economic (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 77 of the Constitution.
CHAPTER II. -The Code of economic law art. 2. in book XVII of the Code of economic law, title 1, Chapter 1, it is inserted an article XVII. 1, as follows: "article XVII. 1.
The president of the tribunal de commerce finds and orders the cessation of an Act, even criminally punishable, constituting an offence under the provisions of this Code, subject to the actions specific to books VI, XI and XII as referred to in chapters 3, 4 and 5 of this title."
S. 3. in book XVII of the Code, title 1, Chapter 1, it is inserted an article XVII. 2, as follows: "article XVII. 2. The president of the tribunal de commerce finds and also ordered the cessation of the infringements referred to below: 1 ° the pursuit of an activity in disregard of the provisions of Book III of the present Code;
2 ° failure to comply with the legal provisions and regulations relating to the keeping of social documents and the application of the value added tax;
3 ° the occupation of workers without being registered with the national social security Office, without introducing the required statements or without paying dues, assessment or moratory interest increases;
4 ° the occupation of workers and the use of workers in violation of the regulation of temporary work, temporary agency work and the placing of workers at the disposal of users;
5 ° breach of the collective labour agreements made compulsory;
6 ° the obstacle to surveillance conducted under the provisions of Book III of this Code, and laws relating to the keeping of social documents;
7 ° the legal non-compliance, decretals and regulatory advertising, other than those provided for in Book VI of this Code and its execution decrees.
8 ° the occupation of a person by an employer who has committed an offence referred to in article 12, 1 °, a, of the occupation of foreign workers Act of April 30, 1999;
9 ° failure to comply with the legal and regulatory provisions on eco-label;
10 ° the exercise of a professional activity without having the certificate required under the programme act of 10 February 1998 for the promotion of independent business;
11 ° failure to comply with the provisions of the Act of 10 November 2006 hours in trade, crafts and services;
12 ° the exercise of the occupation of carrier of things or persons by road without being holder of the licences and authorizations to transport required;
13 ° failure to comply with the requirements at the time of driving and rest periods for drivers of vehicles;
14 ° the compliance with the provisions of the Act of 15 May 2007 on the protection of consumers with regard to the radio transmission services of home;
15 ° failure to comply with the provisions of the regulations of the European Union which relate to matters within the Book VI;
16 ° failure to comply with the provisions of article 18, §§ 2/1 to 2/3 of the Act of 29 April 1999 on the organisation of the electricity market, of the Act of 12 April 1965 on the transport of gaseous and other products by pipelines inserted by the law of 25 August 2012 and article 15/5 bis, §§ 11/1 through 11/3, inserted by the Act of August 25, 2012.
S. 4. in book XVII of the Code, title 1, Chapter 1, it is inserted an article XVII. 3, as follows: "article
XVII. 3. The president of the commercial court may grant the offender a time to put an end to the infringement, when the nature of the offence requires. It can grant the lifting of termination when terminated the infringement."
S. 5. in book XVII of the Code, title 1, Chapter 1, it is inserted an article XVII. 4, as follows: "article
XVII. 4. The president of the commercial court can authorize the display of its decision or the summary that he wrote, during the period as it may determine, both outside and inside the establishments of the offender and order, according to the manner it deems appropriate, the publication of his judgment or his summary through newspapers or in any other manner, all at the expense of the infringer.
However, these measures cannot be permitted only if they are likely to contribute to the cessation of the offending act or its effects.
"The president of the tribunal de commerce fixed the amount that part a measure of advertising has been granted pursuant to paragraph 1 and who performed the measure despite an appeal in time brought against the judgment, shall pay to the party at the expense of which the measurement of advertising was pronounced, if it is cancelled on appeal."
[Art.
XVII 5.]
[Art. XVII. 6.]
[Chapter 2 - action in cessation s. holders
XVII. 7.
S. XVII. 8.]
S. 6. in book XVII of the Code, title Chapter 3 I, there shall be inserted an article XVII. 9, as follows: "article XVII. 9. The president of the commercial court may order the prohibition of practices of the market referred to in articles VI.
92 to VI. "109 of this Code when they have not yet begun, but they are imminent."
(Arts.
XVII. 10)
(Arts. XVII. 11)
(Arts. XVII. 12)
(Arts. XVII. 13) (Chapter 4 - provisions specific to the book XI s. XVII. 14. In XVII. 21.) art. 7. in book XVII of the Code, title Chapter 5 I, there shall be inserted an article XVII. 22, as follows: "article XVII. 22. The provisions of this title shall not apply to the provisions of title 2 of the book XII."
S. 8. in book XVII of the Code, title Chapter 5 I, there shall be inserted an article XVII. 23, §§ 1 to 3 and § 5, worded as follows: "article XVII. 23. § 1. By way of derogation from the provisions of this title, only the following paragraphs are applicable in the event of violation of article XII.22.

§ 2. The president of the Court of first instance or, where appropriate, the president of the tribunal de commerce, notes the existence and ordered the termination of registration of a domain name by a person having his domicile or his establishment in Belgium and any registration of a domain name registered under the BE domain, in violation of article XII.22.
§ 3. The president of the Court may order that the holder of the domain name shall cancel or do delete the domain name or transfer or should transfer the latter to the person designated by him.
[
§ 4. ...]
§ 5. The president of the Court may also order the publication of judgment, full or partial, by way of press or in any other manner it determines, at the expense of the holder of the domain name who succumbed to the action.
However, these measures cannot be prescribed if they are likely to contribute to the cessation of registration or its effects.
[ § 6. ...]"
S. 9. in book XVII of the Code, title Chapter 5 I, there shall be inserted an article XVII. 24, as follows: "article
XVII. 24. The president of the commercial court may order the prohibition of advertising laid down in article XII. "21, 3 °, when it has not yet been brought to the attention of the public, but its publication is imminent."
[Art. XVII. 25.]
[Chapter 6 - intra-Community injunction relating to the protection of the interests of consumers s. XVII. 26.
S. XVII. 27.
S.
XVII. 28.]
S. 10. in book XVII of the Code, title Chapter 6 I, there shall be inserted an article XVII. 29, as follows: "article XVII. 29. The president of the Brussels commercial court finds and orders the termination of an act constituting an offence."
S.
11. in book XVII of the Code, title Chapter 6 I, there shall be inserted an article XVII. 30, as follows: "article XVII. 30. The president of the commercial court of Brussels accepts the list of the qualified entities referred to in article XVII. 27, as evidence of the capacity to act of the qualified entity without prejudice to its right to examine whether the purpose of the qualified entity justifies the fact that it brought an action in a particular case.
By way of derogation from articles 17 and 18 of the Judicial Code, qualified entities may bring an action for termination of an infringement to the defence of the collective interests of consumers, as long as the conditions set out in article XVII. 27 are fulfilled."
[Art. XVII. 31.]
[Art. XVII. 32.]
S.
12. in book XVII of the Code, title Chapter 6 I, there shall be inserted an article XVII. 33, as follows: "article XVII. 33. The president of the Brussels commercial court may order the publication of his judgment or summary that he wrote by way of press, display or in any other manner, at the expense of the infringer.
It may also, under the same conditions, order the publication of a corrective statement."
[Art. XVII. 34.]
CHAPTER III. -Amending provisions and repealing article 13. in article 587, 1st paragraph, judicial, modified code as last amended by the Act of 2 June 2013, the following changes are made: 1 ° item 11 ° is repealed;
2 ° the point 12 ° is replaced by what

follows: "12 ° on claims in accordance with article XVII. 23 of the Code of economic law".
S.
14. in article 589 of the Judicial Code, as last amended by the Act of July 30, 2013, the following changes are made: 1 ° the point 9 ° is repealed;
2 ° the point 10 ° is replaced by the following: "10 ° in article XVII. 27 of the Code of economic law"3 ° point 12 ° is replaced by the following:"12 ° in article XVII. 23 of the Code of economic law"4 ° point 13 ° is repealed.
S. 15A section 627, 16, of the Judicial Code, inserted by the Act of 26 May 2002, the words "article 4 of the Act of May 26, 2002 relating to intra-Community actions for injunctions for the protection of the interests of consumers" are replaced by the words "article XVII. 27 of the Code of economic law".
S. 16. the law of 6 April 2010 concerning the settlement of certain procedures under the law of 6 April 2010 on the market practices and consumer protection, as amended by the Act of August 25, 2012, is hereby repealed insofar as the law shall apply to the matters governed by the equivalent provisions of the Code of economic law such as inserted by this Act.
CHAPTER IV. -Allocation of competencies art. 17. the laws and orders of existing execution that make reference to the provisions referred to in articles 13 to 16 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 18. the King may replace such references in the laws or existing orders to the provisions referred to in articles 13 to 16, with references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 19. 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. 20. 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 Ciergnon, December 26, 2013.
PHILIPPE by the King: the Minister for the economy and consumers, J. VANDE LANOTTE the Minister of Middle Classes, SMEs and the self-employed, 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) Session 2012-2013.
House of representatives.
Documents. -Bill, 53-3020, no. 1.
Session 2013-2014.
House of representatives.
Documents. -Amendments 53-3020, no. 2. -Report, 53-3020, no. 3. -Text adopted by the commission, 53-3020, no. 4. -Text adopted in plenary meeting and transmitted to the Senate, 53-3020, no. 5.
Compte rendu intégral. -28 November 2013.
Senate.
Documents. -Draft transmitted by the House of representatives, 5-2363, no. 1. -Report 5-2363, no. 2.
Text adopted in plenary in submitted a Royal assent, 5-2363, no. 3.
Annals of the Senate: 18 and 19 December 2013.
See also: Session 2012-2013.
House of representatives.
Documents.
-Bill, 53-3019, no. 1.
Session 2013-2014.
House of representatives.
Documents.
-Amendments 53-3019, no. 2. -Report, 53-3019, no. 3. -Text adopted by the commission, 53-3019, no. 4. -Text adopted in plenary meeting and transmitted to the Senate, 53-3019, no. 5.
Compte rendu intégral. -28 November 2013.
Senate.
Documents. -Project not mentioned by the Senate, 5-2362, no. 1.