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26 DECEMBER 2013. - An Act to insert Book XVII "Special Court Procedures" into the Economic Law Code and to introduce a definition and regime of sanctions specific to Book XVII in the same 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, reads as follows:
"CHAPITRE 12. - Specific definition in book XVII
Art. I. 20. For the purposes of Book XVII, the following definition is applied:
1° Qualified entity: any organization constituted in accordance with the law of a Member State, having a legitimate interest in bringing an action to a cessation of an offence with a view to protecting the collective interests of consumers under the criteria established by the law of that Member State. "
Art. 3. In the same Code, a book XVII is inserted, as follows:
"Book XVII. - Specific jurisdictional procedures
PART 1^er. - End action
CHAPTER 1^er. - General provisions
[Art. XVII. 1^er. to XVII. 4. ]
Art. XVII. 5. The action referred to in sections XVII. 1^er and XVII. 2 can no longer be brought one year after the presumed facts have ended.
Art. XVII. 6. The action is formed and educated according to the forms of the referee.
It may be filed by contradictory request in accordance with articles 1034ter to 1034sexies of the Judicial Code.
The judgment is enforceable by provision, notwithstanding any appeal and without bail.
Any decision made on an action based on articles XVII. 1^er and XVII. 2 is, in the eighties, and at the diligence of the clerk of the competent court, communicated to the Minister, unless the decision was made at his request.
In addition, the Clerk is required to promptly inform the Minister of the appeal against any decision made under sections XVII. 1^er and XVII. 2.
When the decision concerns an offender exercising a regulated profession under a professional authority, it is also communicated to the competent professional authority. Similarly, the Registrar of the jurisdiction to which an appeal is brought against such a decision is required to inform the competent professional authority without delay.
CHAPTER 2. - Holders of cessation action
Art. XVII. 7. Action based on Article XVII.1^er is trained upon request:
1° of interested persons;
2° of the competent minister for the subject matter or the Director General of General Management Control and Mediation of the Federal Public Service Economics, P.M.E., Average Classes and Energy, except where the application relates to an act referred to in Article VI. 104;
3° of professional authority, professional or interprofessional grouping with civil personality;
4° of an association whose purpose is to defend the interests of consumers and to enjoy civil personality, provided that it is represented on the Consumer Council or that it is approved by the Minister, according to criteria determined by Royal Decree deliberated in the Council of Ministers, except where the application concerns an act referred to in Article VI. 104.
By derogation from the provisions of articles 17 and 18 of the Judicial Code, the associations and groups referred to in paragraph 1, 3 and 4 may act in court for the defence of their statutoryly defined collective interests.
Art. XVII. 8. Without prejudice to the possible application of Article VI. 104 and Article XVII.1^er to the acts they are intended, the action for violation of section XVII.2 is formed exclusively at the request of the Minister who is competent for the subject matter.
The action based on section XVII.2, 9°, is formed at the request of the Minister who has the environment in his duties. The Committee established by the Act of 14 July 1994 establishing the European Ecological Label Committee may propose to the Minister such action.
The action based on section XVII.2, 2° to 6°, with respect to the obstacle to supervision under the laws relating to the holding of social documents, as well as the action based on section XVII.2, 8° and 13°, shall be formed at the request of the Minister or the officer conducting the competent inspection service referred to in section 17 of the Social Criminal Code.
CHAPTER 3. - Special provisions in Book VI
[Art. XVII. 9.]
Art. XVII. 10. Where the offence relates to an advertisement, the termination action cannot be brought from the count of breach of the provisions of Articles VI.17, VI. 93 to VI. 95, VI. 105 and VI. 106 of this Code only by the advertiser of the advertisement incriminated.
However, when the advertiser is not domiciled in Belgium and has not designated a responsible person with his or her home in Belgium, the termination action may also be taken by:
- the publisher of written advertising or the producer of audiovisual advertising;
- the printer or director, if the publisher or producer does not have their domicile in Belgium and did not designate a responsible person with his domicile in Belgium;
- the distributor as well as any person who knowingly contributes to the effect of advertising, if the printer or director do not have their domicile in Belgium and did not designate a responsible person with his domicile in Belgium.
Art. XVII. 11. Cessation action may be brought against a business for commercial practices of its agent used outside the premises of that agent, where the agent has not made clear his or her identity and that his or her identity could not be reasonably known to the person who initiates the action on termination.
Art. XVII. 12. Cessation of acts prohibited by Article VI. 84 may be directed, separately or jointly, against several companies in the same economic sector or their associations that use or recommend the use of the same general contractual clauses, or similar clauses.
Art. XVII. 13. The company is required to provide, within a maximum period of one month, evidence relating to the material accuracy of the factual data it discloses as part of a commercial practice, where a termination action is brought by:
1st the Minister and, where applicable, the competent minister referred to in section XVII.8;
2° other persons referred to in sections XVII.7, provided that, in the light of the legitimate interests of the company and any other party to the proceedings, the President of the Commercial Court considers that such a requirement is appropriate in the circumstances of the case.
If the evidence required under paragraph 1^er are not made or deemed insufficient, the President of the Commercial Court may consider factual data as inaccurate.
CHAPTER 4. - Special provisions in Book XI
[Art. XVII. 14. in XVII.]
CHAPTER 5. - Special provisions in Book XII
[Art. XVII. 22. ]
[Art. XVII. 23. § 1^er]
[Art. XVII. 23. § 2]
[Art. XVII. 23. § 3]
Art. XVII. 23. § 4. The action shall be taken at the request of any person who justifies a legitimate interest in the domain name concerned and may assert a right to any of the signs referred to in Article XII. 23.
[Art. XVII. 23. § 5]
Art. XVII. 23. § 6. The action is formed and educated according to the forms of the referee.
It can be formed by contradictory request. It is filed in four copies at the court office or sent to the court office by registered mail.
The court clerk shall promptly notify the opposing party by judicial fold and invite him to appear at the earliest three days, no later than eight days after the pleading is sent, to which is attached a copy of the introductory request.
Under penalty of nullity, the request contains:
1° the indication of day, month and year;
2° the name, first name, occupation and domicile of the applicant;
3° the name and address of the natural or legal person against whom the application is made;
4° the object and presentation of the means of the application;
5° the signature of the applicant or his lawyer.
The judgment is enforceable by provision, notwithstanding any appeal and without bail.
Any decision made on an action based on this provision shall, in the eighties, and the due diligence of the Registrar of the competent court, be communicated to the Minister.
In addition, the Clerk is required to promptly inform the Minister of any appeal against a decision made pursuant to this provision. "
[Art. XVII. 24. ]
Art. XVII. 25. For the purposes of articles XII. 1^er to XII. 20, the termination action referred to in section XVII.1^er may also be introduced at the request of a mutual or national union of mutuals.
CHAPTER 6. - Intra-communal cessation action on consumer protection
Art. XVII. 26. This chapter aims at intra-community cessation action with a view to halting any act that affects the collective interests of consumers, and which is contrary to:
(a) the provisions contained in this Code and its enforcement orders;
(b) the provisions contained in the following legislation:
1° sections 33 to 39 and section 41 of the Act of 30 March 1995 concerning electronic communications networks and electronic communications services and the exercise of broadcasting activities in the bilingual region of Brussels-Capital and its enforcement orders, transposing sections 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 for the coordination of certain legislative, regulatory and administrative provisions of the Member States relating to 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 Implementing Orders, transposing articles 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 to coordinate certain legislative, regulatory and administrative provisions of the Member States relating to the provision of audiovisual media services;
3° Articles 81, 82, 84 and 87 of the Decree of 25 January 1995 of the Flemish Government on the Coordination of Broadcasting and Television Decrees and its Implementing Orders, transposing articles 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain legislative, regulatory and administrative provisions of the Member States relating to the provision of audiovisual media services;
4° Articles 6 to 14 of the decree of 27 June 2005 of the German-speaking Community on audio-visual media services and film performances, transposing articles 10 to 21 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain legislative, regulatory and administrative provisions of the Member States concerning the provision of audio-visual media services;
5th Act of 16 February 1994 regulating the contract for the organization of travel and the contract for the intermediary of travel, and its enforcement orders;
6° articles 9 and 10 of the Act of 25 March 1964 on drugs and its enforcement orders, transposing the provisions of Title VIII of Council Directive 2001/83/EEC of 6 November 2001 establishing a Community Code on the Use of Human Drugs, concerning the advertising made in respect of these drugs;
7th Act of 28 August 2011 on consumer protection in respect of contracts for the use of shared-time goods, long-term vacation products, resale and exchange, and its enforcement orders;
8th book XII, title 1^erof this Code and its enforcement orders;
9th steps taken by the competent authorities to transpose Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market;
10° Law of the 1^er September 2004 on consumer protection in the event of sale of consumer goods;
(c) the provisions of a Member State having transposed the directives referred to in Annex I^re Directive 2009/22/EC of the European Parliament and the Council of 23 April 2009 on end-of-service consumer protection actions.
Art. XVII. 27. In the event of an offence originating in Belgium and having effects in another Member State, any qualified entity of that other Member State may bring a cessation action before the President of the Brussels Commercial Court to stop or prohibit the offence if the following conditions are met:
1° the interests protected by this qualified entity are adversely affected by the offence;
2° the said entity is on the list of qualified entities established by the European Commission and published in the Official Journal of the European Communities.
Art. XVII. 28. The qualified entities of Belgium are the associations whose purpose is to defend the collective interests of consumers, who enjoy the civil personality and who are represented on the Consumer Council or are approved by the Minister who has the protection of consumers in his or her powers, according to criteria determined by deliberate decree in the Council of Ministers.
At the request of the qualified entities of Belgium, the Minister having the protection of consumers in his or her powers communicates the list to the European Commission, as well as their purpose and name.
[Art. XVII. 29.]
[Art. XVII. 30.]
Art. XVII. 31. When the facts are the subject of a cessation action, it can only be ruled on criminal action after a decision cast in force as to the action in cessation.
Art. XVII. 32. Cessation action is formed and instructed according to the forms of the referee.
It can be formed by contradictory request. It is filed or transmitted by registered letter, in four copies, to the office of the Brussels Commercial Court.
The Registrar of the Brussels Commercial Court shall call without delay and by judicial fold, the opposing party to appear in a period between three and eight days from the date of sending this fold, to which is attached a copy of the introductory request.
In case of invalidity, the request contains:
1° its full date (day, month and year);
2° the name or name of the applicant and his domicile;
3° the name or name and address of the natural or legal person against whom the action is formed;
4° the object and presentation of the means of the action;
5° the signature of the applicant or his representative.
The judgment is enforceable by provision, notwithstanding any appeal and without bail.
A copy of any decision relating to an action based on Article XVII. 27 is, in the eighties, and at the clerk's diligence, transmitted to the minister with consumer protection in his duties.
[Art. XVII. 33. ]
Art. XVII. 34. The King may adapt the provisions listed in Article XVII. 26 to take into account any amendments to the annex to Directive 2009/22/EC of the European Parliament and the Council of 23 April 2009 on cessation actions in respect of consumer interests. "
Art. 4. In the same Code, it is inserted in Book XV, Title 3, Chapter 2, a section 11/1, as follows:
"Section 11/1. The penalties for offences under Book XVII.
Art. XV. 125/1. Those who do not comply with the orders referred to in Article XVII. 33 are punished by a fine of level 3. "
CHAPTER III. - Abrogatory provisions
Art. 5. Are repealed, as they apply to matters regulated by the corresponding provisions of the Economic Law Code, as set out in this Act:
- the Act of 26 May 2002 on intra-community cessation of consumer interests;
- in the Act of 6 April 2010 on market practices and consumer protection, articles 110 to 113, and articles 115 to 118.
CHAPTER IV. Attribution of skills
Art. 6. Existing laws and enforcement orders referring to the provisions referred to in Article 5 are presumed to refer to the equivalent provisions of the Economic Law Code, as set out in this Act.
Art. 7. The King may replace references in existing laws or decrees to the provisions referred to in Article 5 by references to the equivalent provisions of the Economic Law Code, as inserted in this Act.
Art. 8. 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. 9. 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, 53-3019, 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.
See also:
Documents of the House of Representatives:
53-3020 - 2012/2013:
Number 1: Bill.
53-3020 - 2013/2014:
No: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 28 November 2013.
Documents of the Senate:
5-2363 - 2013/2014:
No. 1: Project transmitted by the House of Representatives.
Number two: Report.
No. 3: Text adopted in plenary and subject to Royal Assent.