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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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belgiquelex.be - Carrefour Bank of Legislation

26 DECEMBER 2013. - An Act to introduce the provisions regulating the substances referred to in Article 77 of the Constitution in Book XVII "Special jurisdictional procedures" of the 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 Ier. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER II. - The Economic Law Code
Art. 2. In Book XVII of the Economic Law Code, Title 1erChapter 1er, it is inserted an article XVII. 1er, as follows:
"Art. XVII. 1er. The President of the Commercial Court notes the existence and orders the cessation of an act, even criminally repressed, which constitutes an offence under the provisions of this Code, subject to the specific actions of Books VI, XI and XII, referred to in Chapters 3, 4 and 5 of this title."
Art. 3. In book XVII of the same Code, title 1erChapter 1er, an article XVII. 2., as follows:
"Art. XVII. 2. The President of the Commercial Court notes the existence and also orders the cessation of the following offences:
1° the exercise of an activity in ignorance of the provisions of Book III of this Code;
2° non-compliance with legal and regulatory provisions relating to the maintenance of social documents and the application of the value added tax;
3° the occupation of workers without being registered in the National Social Security Office, without having introduced the required declarations or without paying the contributions, increases in contributions or moratorium interests;
4° the occupation of workers and the use of workers in violation of the regulation of temporary work, interim work and the provision of workers to users;
5° non-compliance with mandatory collective labour agreements;
6° the obstacle to monitoring under the provisions of Book III of this Code and under the laws relating to the maintenance of social documents;
7° the non-compliance with the legal, statutory and regulatory provisions relating to advertising, other than those set out in Book VI of this Code and its enforcement orders;
8° the occupation of a person by an employer who has committed an offence under section 12, 1°, a, of the Act of 30 April 1999 on the occupation of foreign workers;
9° non-compliance with legal and regulatory provisions on ecological labels;
10° the exercise of a professional activity without the certification required under the Program Law of 10 February 1998 for the promotion of the independent enterprise;
11° non-compliance with the provisions of the Act of 10 November 2006 relating to hours of openness in trade, crafts and services;
12° the exercise of the profession of carrier of things or persons by road without the required licenses and authorizations of carriage;
13° failure to comply with the requirements for driving and rest periods of vehicle drivers;
14° non-compliance with the provisions of the Consumer Protection Act of 15 May 2007 with respect to radio and radio broadcasting services;
15° the non-compliance with the provisions of the regulations of the European Union relating to substances under Book VI;
16° the non-compliance with the provisions of Article 18, §§ 2/1 to 2/3, of the Act of 29 April 1999 on the organization of the electricity market, inserted by the law of 25 August 2012 and article 15/5bis, §§ 11/1 to 11/3, of the law of 12 April 1965 on the transport of gaseous and other products by pipeline, inserted by the law of 25 August 2012.
Art. 4. In book XVII of the same Code, title 1erChapter 1er, an article XVII. 3., as follows:
"Art. XVII. 3. The President of the Commercial Court may grant the offender a time limit to terminate the offence, where the nature of the offence requires it. He or she may grant termination when he or she has been terminated. "
Art. 5. In book XVII of the same Code, title 1erChapter 1er, an article XVII. 4., as follows:
"Art. XVII. 4. The President of the Commercial Court may authorize the posting of his or her decision or the summary that he or she prepares, during the period that he or she determines, both outside and within the institutions of the offender and order, as appropriate, the publication of his or her judgment or summary by newspaper or in any other way, at the expense of the offender.
These advertising measures may, however, be permitted only if they are likely to contribute to the cessation of the offence or its effects.
The President of the Commercial Court shall determine the amount that the party to whom an advertising measure has been granted in accordance with paragraph 1er and who has executed the measure in spite of a timely appeal against the judgment, will have to pay to the party at the expense of which the advertising measure was pronounced, if it is cancelled on appeal."
[Art. XVII 5. ]
[Art. XVII. 6.]
[CHAPTER 2. - Holders of cessation action
Art. XVII. 7.
Art. XVII. 8.]
Art. 6. In Book XVII of the same Code, Title Ier, chapter 3, an article XVII is inserted. 9, as follows:
"Art. XVII. 9. The President of the Commercial Court may order the prohibition of market practices referred to in Article VI. 92 to VI. 109 of this Code when they have not yet begun, but are imminent. "
(Art. XVII.10)
(Art. XVII. 11.)
(Art. XVII. 12.)
(Art. XVII. 13)
(CHAPITRE 4. - Special provisions in Book XI
Art. XVII. 14. to XVII. 21.)
Art. 7. In Book XVII of the same Code, Title Ier, chapter 5, an article XVII is inserted. 22, as follows:
"Art. XVII. 22. The provisions of this title do not apply to the provisions of Book XII title 2."
Art. 8. In Book XVII of the same Code, Title Ier, chapter 5, an article XVII is inserted. 23 §§ 1er at 3 and § 5, as follows:
"Art. XVII. 23. § 1er . By derogation from the provisions of this title, only the following paragraphs are applicable in the event of a violation of Article XII.22.
§ 2. The President of the Court of First Instance or, where appropriate, the President of the Court of Commerce, finds the existence and orders the termination of any registration of a domain name by a person with his or her place of business in Belgium and of any registration of a domain name registered under the domain BE, in violation of Article XII.22.
§ 3. The chair of the court may order the holder of the domain name concerned to remove or remove the domain name or to transfer or transfer the domain name to the person he or she designates.
[ § 4. ...]
§ 5. The president of the court may also order the publication of the judgment, in whole or in part, by way of the press or in any other manner that he determines, at the expense of the holder of the domain name that succumbed to the action.
However, these advertising measures may only be prescribed if they are likely to contribute to the cessation of registration or its effects.
[ § 6. ..."
Art. 9. In Book XVII of the same Code, Title Ier, chapter 5, an article XVII is inserted. 24, as follows:
"Art. XVII. 24. The President of the Commercial Court may order the prohibition of advertising referred to in Article XII. 21, 3°, when it has not yet been brought to the public, but that its publication is imminent. "
[Art. XVII. 25.]
[CHAPTER 6. - Intra-communal cessation action on consumer protection
Art. XVII. 26.
Art. XVII. 27.
Art. XVII. 28.]
Art. 10. In Book XVII of the same Code, Title Ier, chapter 6, an article XVII is inserted. 29, as follows:
"Art. XVII. 29. The president of the Brussels Commercial Court notes the existence and orders the cessation of an offence. "
Art. 11. In Book XVII of the same Code, Title Ier, chapter 6, an article XVII is inserted. 30, as follows:
"Art. XVII. 30. The President of the Brussels Commercial Court accepts the list of qualified entities referred to in Article XVII. 27, as evidence of the ability to act as a qualified entity, without prejudice to its right to examine whether the purpose of the qualified entity justifies the fact that it is bringing an action in a particular case.
By derogation from sections 17 and 18 of the Judicial Code, qualified entities may bring an action to end an offence for the defence of consumer collective interests, provided that the conditions set out in section XVII. 27 be filled."
[Art. XVII. 31.]
[Art. XVII. 32.]
Art. 12. In Book XVII of the same Code, Title Ier, chapter 6, an article XVII is inserted. 33, as follows:
"Art. XVII. 33. The President of the Brussels Commercial Court may order the publication of his judgment or the summary that he prepares by press, posting or otherwise at the expense of the offender.
It may also, under the same conditions, order the publication of a rectificative declaration. "
[Art. XVII. 34. ]
CHAPTER III. - Amendments and abrogations
Art. 13. In section 587, paragraph 1er, the Judicial Code, which was last amended by the Act of 2 June 2013, the following amendments are made:
1° point 11° is repealed;
2° point 12° is replaced by the following:
"12° on requests made in accordance with Article XVII. 23 of the Economic Law Code".
Art. 14. In section 589 of the Judicial Code, last amended by the Act of 30 July 2013, the following amendments are made:
1° point 9° is repealed;
2° point 10° is replaced by the following:
"10° to Article XVII. 27 of the Economic Law Code"
3° point 12° is replaced by the following:
"12° to Article XVII. 23 of the Economic Law Code"
4° point 13° is repealed.
Art. 15. In article 627, 16°, of the Judicial Code, inserted by the law of 26 May 2002, the words "article 4 of the law of 26 May 2002 on intra-community cessation actions in the protection of consumer interests" are replaced by the words "article XVII. 27 of the Economic Law Code".
Art. 16. The Act of 6 April 2010 concerning the regulation of certain procedures under the Act of 6 April 2010 on market practices and consumer protection, as amended by the Act of 25 August 2012, is repealed, to the extent that the Act applies to matters regulated by the equivalent provisions of the Economic Law Code, as set out in this Act.
CHAPTER IV. Attribution of skills
Art. 17. Existing laws and enforcement orders referring to the provisions referred to in sections 13 to 16 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 18. The King may replace references in existing laws or decrees to the provisions referred to in articles 13 to 16, with references to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 19. 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. 20. 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 at Ciergnon, December 26, 2013.
PHILIPPE
By the King:
Minister of Economy and Consumers,
J. VANDE LANOTTE
Minister of Average Classes, EMPs and Independents,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
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 and transmitted to the Senate, 53-3020, No. 5.
Full report. - 28 November 2013.
Senate.
Documents. - Project transmitted by the House of Representatives, 5-2363, No. 1. - Report, 5-2363, No. 2.
Text adopted in plenary meeting submitted to the Royal Assent, 5-2363, No. 3.
Annales 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 and transmitted to the Senate, 53-3019, No. 5.
Full report. - 28 November 2013.
Senate.
Documents. - Project not referred to by the Senate, 5-2362, No. 1.