Law On The Integration Of Book Xvii "special Proceedings" In The Code Of Economic Law, And Bearing Insertion Of A Definition And A Sanctions Regime To Book Xvii In This Same Code (1)

Original Language Title: Loi portant insertion du livre XVII "Procédures juridictionnelles particulières" dans le Code de droit économique, et portant insertion d'une définition et d'un régime de sanctions propres au livre XVII dans ce même Code (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014011019&caller=list&article_lang=F&row_id=900&numero=999&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: 2014011019 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 26 December 2013. -Law on the integration of book XVII "Special proceedings" in the Code of economic law, and bearing insertion of a definition and a sanctions regime to book XVII in this same Code (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 78 of the Constitution.
CHAPTER II. -The Code of economic law art.
2. in book I, Chapter 2, of the Code of economic law, there shall be inserted a chapter 12, as follows: "chapter 12. -Special book XVII s. definition
I. 20. "For the purposes of the book XVII, the following definition shall apply: 1 ° qualified entity: any organization incorporated under the laws of a Member State having a legitimate interest in bringing an action for termination of an infringement to protect the collective interests of consumers, under the criteria laid down by the law of that Member State."
S. 3. in the same Code, it is inserted a book XVII, as follows: "book XVII. -Special jurisdictional procedures title 1. -Of the action in cessation Chapter 1. -General provisions [articles XVII. 1. In XVII. 4.] art. XVII. 5. The action referred to in articles XVII. 1 and XVII. 2 may not be initiated one year after the facts which it relies have taken fin. s. XVII. 6. The action is formed and educated according to the forms of the referee.
It can be introduced by inconsistent application in accordance with articles 1034ter to 1034sexies of the Judicial Code.
The judgment is enforceable provision, notwithstanding any appeal and without security.
Any decision on an action based on article XVII. 1 and XVII. 2, in the eight, and the diligence of the Registrar the jurisdiction competent, communicated to the Minister, unless the decision was rendered to his request.
In addition, the Registrar is required to inform without delay the Minister of the appeal against any decision pursuant to articles XVII. 1 and XVII. 2. when the decision concerns an offender practising a profession regulated under a professional authority, it is, in addition, communicated to the competent professional authority. Similarly, the clerk of the Court before which an action is brought against such a decision is required to inform without delay the competent professional authority.
CHAPTER 2. -Holders of the action in cessation s. XVII. 7. Action based on article XVII.1er is formed in the application: 1 ° of the persons concerned;
2 ° the Minister responsible for the matter in question or the Director-general of the Directorate General control and Mediation of the federal public Service economy, SMEs, Middle Classes and energy, except where the request relates to an act referred to in article VI. 104;
3 ° a professional authority, a professional or interprofessional grouping having legal personality;
4 ° of an association aimed at the defence of the interests of consumers and enjoying legal personality, provided that it is represented to the Consumer Council or that it be approved by the Minister, according to criteria determined by royal decree deliberated in the Council of Ministers, except when the application relates to an act referred to in article VI. 104. by way of derogation from the provisions of articles 17 and 18 of the Judicial Code, the associations and groups referred to in the first paragraph, 3 ° and 4 °, may sue for the defence of their statutorily defined collective interests.
S. XVII. 8. Without prejudice to the possible application of article VI. 104 and article XVII.1er to acts they aim, action for violation of section XVII.2 is formed exclusively at the request of the Minister who is responsible for the matter in question.
The action based on section XVII.2, 9 °, is formed at the request of the Minister having environment in his or her attributions. The Committee created by the Act of 14 July 1994 on the establishment of the European eco-label Award Committee may propose to the Minister to introduce such an action.
The action based on section XVII.2, 2 ° to 6 °, regards the obstacle to surveillance conducted under the laws relating to the holding of the social documents, as well as the action based on section XVII.2, 8 ° and 13 °, formed at the request of the Minister or the official directing the competent inspection referred to in article 17 of the social Criminal Code.
CHAPTER 3. -Provisions specific to Book VI [s.
XVII. 9]
S. XVII. 10. Where the offence relates to an advertisement, the action for injunction may be brought head of breach of the provisions of articles VI.17, VI. 93-VI. 95, VI.
105 and VI. 106 of this Code as borne by the advertiser of the offending advertising.
However, when the advertiser is not resident in Belgium and has not designated a person responsible for having its domicile in Belgium, termination action may also be brought in support of:-written advertising editor or producer of audiovisual advertising.
-the printer or the Director, if the Publisher or producer do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium;
-the dispenser as well as any person who knowingly helps that advertising produces its effect, if printer or the Director do not have their domicile in Belgium and have not appointed a person responsible for having its domicile in Belgium.
S.
XVII. 11. The action for injunction may be brought against a company for commercial agent practices used outside the premises of this agent, when the agent did not clearly know his identity and his identity could not be reasonably known by the person who brought the action in cessation.
S. XVII. 12. The action in cessation of the acts prohibited by article VI. 84 may be directed separately or jointly against several companies in the same economic sector or their associations which use or recommend the use of the same contractual General, or similar clauses.
S. XVII. 13. The company is required to provide, within a period of one month, the evidence regarding the material accuracy of the factual data that communicates in a commercial practice, where an action for an injunction is brought by: 1 ° the Minister and, where appropriate, the competent Minister under article XVII.8;
2 ° the other persons referred to in articles XVII.7, provided that, taking into account the legitimate interests of the company and any other party to the proceedings, the president of the tribunal de commerce believes that such a requirement is appropriate in the light of the circumstances of the case.
If the evidence required under paragraph 1 are not made or are deemed insufficient, the president of the commercial court can consider as inaccurate factual data.
CHAPTER 4. -Provisions specific to the book XI [s. XVII. 14. In XVII. 21.] CHAPTER 5. -Provisions specific to the book XII [s. XVII. 22. ] [Art. XVII. 23. [§ 1] [Art.
XVII. 23. § 2] [s. XVII. 23. § 3] s. XVII. 23. § 4. The action is formed at the request of any person justifies a legitimate interest in the domain name and can assert a right to one of the signs mentioned in article XII. 23 [s.
XVII. 23. § 5] s. XVII. 23. § 6. The action is formed and educated according to the forms of the referee.
It can be formed by contradictory query. It shall be filed in quadruplicate at the registry of the tribunal or sent to the registry by registered mail.
The clerk of the court notifies immediately the opposing party by legal fold and invited him to appear at the earliest three days, no later than eight days after the sending of the legal fold, to which is attached a copy of the motion.
Under penalty of nullity, the query contains: 1 ° an indication of the day, month and year;
2 ° the name, first name, profession and domicile of the applicant;
3 ° the name and address of the natural or legal person against which the application is made;
4 ° the object and statement of means of the request;
(5) the signature of the applicant or his lawyer.
The judgment is enforceable provision, notwithstanding any appeal and without security.
Any decision on an action based on this provision is, in the eight, and the diligence of the clerk of the competent court, communicated to the Minister.
In addition, the clerk is required to inform without delay the Minister of any appeal brought against a decision rendered in application of this provision."
[Art. XVII. 24.]
S. XVII. 25. For the purposes of articles XII. 1st to XII. 20, the action for an injunction referred to in article XVII.1er may also be introduced at the request of a mutual or national union of mutuals.
CHAPTER 6. -Action for an injunction on the protection of the interests of consumers Art. intra-Community
XVII. 26. This chapter seeks action in intra-Community cessation order to stop any acts affecting the collective interests of consumers, and which is contrary: has) either with the provisions contained in this Code and its execution decrees.
(b) or the provisions contained in the following legislation: 1 ° the articles 33 to 39 and section 41 of the Act of 30 March 1995 concerning the electronic communications networks and electronic communications services

and the exercise of broadcasting activities in the bilingual Brussels-capital region and its execution decrees transposing articles 10 to 21 of Directive 89/552 / EEC of 3 October 1989 on the coordination of certain laws, regulations and administrative action in Member States concerning the provision of audiovisual media services;
2 ° articles 24, 28 and 29 of the coordinated decree of 27 February 2003 of the French community on audiovisual media services and its execution decrees transposing articles 10 to 21 of Directive 89/552 / EEC of 3 October 1989 on the coordination of certain laws, regulations and administrative action in Member States concerning the provision of audiovisual media services;
3 ° sections 81, 82, 84 and 87 of the Decree of 25 January 1995 of the Flemish Government coordinating decrees on broadcasting and television and its implementation orders, transposing articles 10 to 21 of Directive 89/552 / EEC of 3 October 1989 on the coordination of certain laws, regulations and administrative action in Member States concerning the provision of audiovisual media services;
4 ° articles 6 to 14 of the Decree of 27 June 2005 of the German-speaking community on audiovisual media services and cinematographic representations, transposing articles 10 to 21 of Directive 89/552 / EEC of 3 October 1989 on the coordination of certain laws, regulations and administrative action in Member States concerning the provision of audiovisual media services;
5 ° law of 16 February 1994 governing the Organization of travel contract and the intermediary of travel contract and its execution decrees;
6 ° articles 9 and 10 of the law of 25 March 1964 on medicines and its execution decrees transposing the provisions of title VIII of Directive 2001/83/EEC of the Council of 6 November 2001 on the Community Code relating to the use of human drugs, regarding the advertising of medication;
7 ° law of August 28, 2011 on the protection of consumers in respect of contracts for the use of time-share property, holiday long term, resale products and Exchange, and its implementing decrees;
8 ° book XII, title 1, of the present Code and its execution decrees.
9 ° measures taken by the competent authorities for this purpose to transpose Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market;
10 ° Act of 1 September 2004 on the protection of consumers in the event of sale of consumer goods;
(c) either the provisions of a Member State have transposed the directives set out in annex Ire of Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of the interests of consumers.
S. XVII. 27. Infringements having its origin in Belgium and with effects in another Member State, any entity qualified by that other Member State may bring an action for an injunction before the president of the tribunal de commerce of Brussels aiming to stop or prohibit this offence if the following conditions are fulfilled: 1 ° the interests protected by that qualified entity are affected by the offence;
2 ° the entity is on the list of qualified entities drawn up by the European Commission and published in the Official Journal of the European communities.
S. XVII. 28. Qualified by the Belgium entities are the associations relating to the defence of the collective interests of consumers, who enjoy legal personality and which either are represented on the Board of consumption or are approved by the Minister, according to criteria determined by Decree deliberated in the Council of Ministers in charge of the protection of consumers.
At the request of the entities qualified of the Belgium, the Minister in charge of the protection of consumers notify the list of these to the European Commission, as well as their purpose and their name.
[Art.
XVII. 29.]
[Art. XVII. 30.]
S. XVII. 31. When facts are the subject of an action for injunction, it cannot be ruled on the criminal action only after a decision cast in force of res judicata with regard to the action in cessation.
S. XVII. 32. The action for an injunction is formed and educated according to the forms of the referee.
It can be formed by contradictory query. It is filed or sent by registered letter, in quadruplicate, at the registry of the commercial court of Brussels.
The clerk of the commercial court of Brussels invites without delay and by judicial letter, the opposing party to appear in a period of between three and eight days from the sending of this letter, to which is attached a copy of the motion.
Under penalty of nullity, the query contains: 1 ° the date complete (day, month and year);
2 ° the name or the name of the applicant and his domicile;
3 ° the name or the name and the address of the natural or legal person against whom the action is formed;
4 ° the object and statement of means of action;
(5) the signature of the applicant or his representative.
The judgment is enforceable provision, notwithstanding any appeal and without security.
A copy of any decision relating to an action based on article XVII. 27 is, in the eight, and the diligence of the clerk, transmitted to the Minister in charge of the protection of consumers.
[Art. XVII. 33.]
S. XVII. 34. The King may adapt the provisions listed in article XVII. 26 for taking into account any amendments of the annex to Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of the interests of consumers."
S.
4. in the same Code, it is inserted in book XV, title 3, Chapter 2, section 11/1, as follows: "Section 11/1. The penalties relating to infringements of book XVII.
S.
XV 125/1. Those who do not comply with the orders referred to in article XVII. 33 are punished with a fine of level 3."
CHAPTER III. -Provisions repealing art. 5 are hereby repealed in so far as they apply to the matters governed by the corresponding provisions of the Code of economic law, as that inserted by this Act:-the Act of 26 May 2002 intra-Community actions for injunctions for the protection of the interests of consumers;
-in the law of April 6, 2010 on practices of the market and the consumer protection, articles 110 to 113, and articles 115 to 118.
CHAPTER IV. -Allocation of competencies art. 6. the laws and orders of existing execution that make reference to the provisions referred to in article 5 are presumed to refer to the equivalent provisions of the Code of economic law, as that inserted by this Act.
S. 7. the King may replace such references in the laws or existing orders to the provisions referred to in article 5, with references to the equivalent provisions of the Code of economic law, as inserted by the Act.
S. 8. 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. 9. 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, 53-3019, 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.
See also: records of the House of representatives: 53-3020-2012/2013: No. 1: Bill.
53 - 3020 - 2013/2014: No.: amendments.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: November 28, 2013.
The Senate documents: 5-2363-2013/2014: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Texts adopted in plenary meeting and submitted to Royal assent.