Law On The Inclusion Of The Provisions Regulating Substances Referred To In Article 77 Of The Constitution, In Book Iv 'protection Of Competition' And V 'competition And Price Developments' Book 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 IV « Protection de la concurrence » et le livre V « La concurrence et les évolutions de prix » 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=2013011191&caller=list&article_lang=F&row_id=1200&numero=1280&pub_date=2013-04-26&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-04-26 Numac: 2013011191 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy April 3, 2013. -Law concerning inclusion of the provisions regulating substances referred to in article 77 of the Constitution, in book IV "Protection of competition" and the book V 'competition and price developments' code of economic law (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -The Code of economic law art.
2. in title 2, Chapter 1, section 1, of book IV of the Code of economic law, inserted by the law of April 3, 2013 bearing insertion of book IV 'Protection of competition' and book V 'competition and price developments' in the Code of law economic and bearing insert book IV and book V definitions and enforcement provisions in book IV and book V , in book I of the Code of economic law, it is inserted a subsection 5 worded as follows: 'subsection 5. -The challenge and discipline' s. 3 subsection 5, inserted by article 2, it is inserted in an IV.32 article, worded as follows: «art.» IV.32. the President, the vice-president assessor or assessors appointed to one case, the auditor general and the auditors appointed by him may be challenged for causes laid down in article 828 of the Judicial Code.
Who knows cause of challenge in his person abstains.
The application for recusal is introduced by reasoned application to the secretariat of the auditor's Office. It contains the means and is signed by the party or by his authorized representative with a special power of Attorney, which is appended to the query.
The motion for recusal is delivered within 24 hours by the secretariat to the impeached person.
It gives at the bottom of the query, within two days, his written statement bearing or its acquiescence to the recusal, or his refusal to abstain, with its answers to recusal means.
If the challenge is contested, the Court of appeal of Brussels statue on it in the absence of the person concerned. The plaintiff and the person challenged involved agreed.
In this case, the decision of the Court of appeal is not subject to appeal. » Art. 4. in the same subsection 5 inserted an article IV.33 as follows: «art.» IV.33. the Court of appeal of Brussels may impose, in a reasoned way, a point of order, a censure or a withholding of treatment as a disciplinary measure to the president, Associate Vice President, assessors, the auditor general and directors of economic and legal studies. The Court may also declare them fallen or suspended of their duties. » Art. 5. in sub-section 7 of title 2, Chapter 1, section 1, of book IV of the code, it is an article inserted IV.37, worded as follows: «art.» IV.37. § 1. The functions of president, auditor general, Director of economic and legal studies and member of the staff of the Belgian authority of competition are incompatible with judicial functions, with the exercise of a public mandate by election at a different level of local or provincial level, with any function or public office paid political or administrative, with loads of notary and bailiff with the legal profession, with the status of military and the office of Minister of worship acknowledged.

§ 2. Assessor vice-president or assessor function is incompatible with the exercise of a public mandate conferred by election at a different level than the local or provincial level with any function or public office paid political or administrative order with the exception of loads in institutions of higher education, with loads of notary and bailiff, with military status and the function of Minister of a recognised religion.
§ 3. It cannot be derogated from in paragraphs 1 and 2: 1 ° when it comes to the performance of duties of teacher, lecturer, master of conference or assistant in higher learning institutions, provided that these functions are not exercised during more than two half-days per week;
2 ° when it comes to the exercise of functions of Member of a Board of examination.
3 ° when it comes to participation in a commission, a Board or Advisory Committee, provided that the number of missions or functions is limited to two and whether it loads or not remunerated.
These exemptions are granted by the president or, if the request concerns him, by the president of the Court of appeal of Brussels. » Art. 6. in title 2 of book IV of the Code, it is inserted a chapter 2, as follows: "Chapter 2. -Requests for preliminary rulings to the Court of Cassation and as amicus curiae interventions"art. 7. in Chapter 2 of title 2 of book IV of the Code, inserted by article 6 article be inserted an IV.75, worded as follows: «art.»
IV.75. La Cour de Cassation statue ruling by way of judgment on matters relating to the interpretation of the rules contained in this book. » Art. 8. in the same chapter 2 it is inserted an article IV.76, worded as follows: «art.» IV.76. § 1.
When the solution of a dispute depends on the interpretation of the rules contained in this paper, the court seised may stay proceedings and a preliminary question to the Court of Cassation.
The decision of a preliminary question to the Court of Cassation suspends time and the procedure before the Court that the pose from the day where the decision was taken until the day the Court receives the response from the Court of Cassation.
The Court's decision to ask or not to ask a preliminary question is likely to no remedy.
§ 2.
The clerk near the Court of Cassation is without delay the question to the attention of the parties, of the Belgian competition authority, the Minister and, in the event of application of articles 101 and 102 of the Treaty on the functioning of the Union European Commission European.
The clerk near the Supreme Court invited the parties, the Belgian competition authority, the Minister and the European Commission to make their written comments within one month of the notification of the ruling, on pain of inadmissibility.
§ 3. They may each request to be heard and the record of proceedings without moving or ask that a copy be sent to them.
The Court may reformulate the question. The Court makes a reasoned decision. The Court adjudicates all cases postpone.
§ 4. The Court which asked the question, as well as any court proceedings in the same case, are required for the solution of the dispute on the occasion of which was raised the question, to comply with the judgment of the Court of Cassation. » Art. 9. in the same chapter 2 it is inserted an IV.77 article, worded as follows: «art.» IV.77. the Belgian authority of competition may, ex officio or at the request of the Court, within the time fixed by the court seised, submit written observations on the application of articles IV.1 and IV.2 or articles 101 and 102 of the Treaty on the functioning of the Union European.
With the permission of the Court, it may also make oral submissions.
To enable it to formulate its observations, and for this purpose only, the Belgian competition authority may seek the Court so that it him transmit or make any document necessary for the assessment of the case.
When the Belgian competition authority filed comments, other parties must have the opportunity to respond to these comments. » Art. 10. in the same chapter 2 it is inserted an article IV.78, worded as follows: «art.» IV.78. any judgment or judgment by the courts and tribunals and relating to a dispute involving the lawfulness of a practice of competition within the meaning of this book, is communicated to the authority of Belgium competition, and provided that the judgment or judgment relates to the application of the European law of competition, the Commission European in the eight and the diligence of the clerk of the competent court.
In addition, the Registrar shall inform without delay the Belgian competition authority of appeals against any judgment or judgment referred to in the preceding paragraph. » Art. 11. in title 2 of book IV of the Code, it is inserted a chapter 3 as follows: "Chapter 3. -Use"art. 12. in Chapter 3 of title 2 of book IV of the Code, inserted by article 11 it is inserted an article IV.79, worded as follows: «art.» IV.79. § 1. The decisions of the College of competition or of the auditor referred to in articles IV.47 IV.48 IV.50, IV.61, § 1, 1 ° 2 °, § 2, 1 ° to 2 °, IV.62 § 6, IV.63, § 3 and IV.64 as decisions implied concentrations by flow of the deadlines set in articles IV.61 and IV.62 and rejection of a request for provisional measures by expiry of the deadline laid down in article IV.64 eligibility may be the subject of an action before the Court of appeal of Brussels exclusively.
The decisions of the Prosecutor's Office about the use in a statement of the data obtained in the context of a search referred to in article IV.41, § 3, paragraph 4, can also be appealed to the Court

of appeal of Brussels after the statement of objections referred to in article IV.42, § 4 and article IV.59, paragraph 1, and provided that these data have actually invoked in support of the grievance.
Other decisions of the College of competition, the auditor or an auditor do the object that the only remedy provided for by this book, without prejudice to the possibility of ways to draw upon in appeal proceedings before the Court of appeal of Brussels referred to in this paragraph.
§ 2. The Court of appeal of Brussels statue, the procedure as in summary, right and in fact on the case submitted by the parties.
The Court, except in the cases referred to in the third paragraph, with full jurisdiction including jurisdiction to substitute its own decision in the contested decision.
In cases involving eligibility levels or conditions or loads imposed by the College of competition as well as cases in which the Court finds, contrary to the contested decision, an offence under sections 101 or 102 TFEU, the Court only decides on the contested with a jurisdiction of annulment decision.
The appeal does not suspend the contested decisions.
The Court of appeal may, however, at the request of the person concerned and by interlocutory decision, suspend, in whole or in part, the decision of the College of competition and, until the day of the judgment.
The suspension of execution may be ordered only if serious ways to justify annulment of the contested decision are invoked and immediate enforcement of the decision could have serious consequences for the person concerned.
Where appropriate, the Court of appeal may order restitution to the person concerned of the amount of the fines.
§ 3. An appeal may be brought before the Court of appeal of Brussels by each party involved in the contested decision. The appeal may also be brought by any person establishing an interest in accordance with article IV.45, § 5, article IV.60 or § 2, and asked the College of competition to be heard. Recourse may also be introduced by the Minister without having it prove an interest and without that acted before the competition.
§ 4. The remedies are trained, barely pronounced inadmissibility of office against the Belgian competition authority by application signed and lodged at the registry of the Court of appeal of Brussels within a period of 30 days from the notification of the contested decision.
Under penalty of nullity, the query contains: 1 ° an indication of the day, month and year;
2 ° If the applicant is a natural person, his name, first names, profession and domicile, as well as, where appropriate, its business number; If the applicant is a legal person, its name, its legal form, its headquarters and the quality of the person or body that represents, as well as, where appropriate, business number; If the appeal comes from the Minister, the name and address of the service that the applicant;
3 ° the mention of the decision which is the subject of the appeal;
4 ° a list of names, grades and addresses of the parties to whom the decision has been notified;
5 ° the statement of means;
6 ° the indication of the place, day and hour of the appearance set by the registry of the Court of appeal of Brussels;
7 ° the signature of the applicant or his lawyer.
In the five days following the filing of the application, the applicant shall, on pain of nullity of the appeal, send a copy of the request by registered letter with acknowledgement of receipt, to the secretariat of the auditor's Office, who shall inform the President and the auditor general, as well as parties to which the contested decision was notified as indicated in the notification letter , as well as to the Minister, if he is not the applicant.
§ 5. A cross-appeal can be formed. It is admissible only if it is introduced in the month of receipt of the letter referred to in the preceding paragraph.
However, the cross-appeal will not be admitted if the appeal is declared null or late.
At any time, the Court of appeal of Brussels may call persons who were parties in the procedure leading to the contested decision when the use primary or incident might affect their rights or their loads to the cause. The Court may apply to the Belgian competition authority to provide the record of proceedings and other documents filed with the College of competition during the procedure.
The appropriate Minister may file its written submissions to the registry of the Court of appeal of Brussels and consult the file at the registry without moving. The Court of appeal of Brussels fixed the timeliness of these observations. They are brought by the registry to the knowledge of the parties.
§ 6. In case a decision imposing fines is not canceled, interests are due from the date of the contested decision. » Art. 13. in book V of the same Code, inserted by the law of April 3, 2013 bearing insertion of book IV 'Protection of competition' and book V 'competition and price developments' in the Code of law economic and bearing insert book IV and book V definitions and enforcement provisions in book IV and book V , in the book Duke of economic law Code, an article V.5 is inserted, worded as follows: «art.» V.5. § 1. An appeal may be brought before the Court of appeal of Brussels by any party or by any organization heard pursuant to article V. 4 as well as by any person justifying of interest.
This action is brought in the manner prescribed by article IV. 79, § 4, paragraph 1 and 2.
In case of appeal, the College of competition shall communicate without delay its decision and all attachments to the Court of appeal of Brussels, which confirms, amends or annuls the decision of the College of competition and determines whether conditional or temporary decision.
This judgment of the Court of appeal is taken within a period of six months following the decision of the College of competition.

§ 2. The Court of appeal may, at the request of the applicant referred to in paragraph 1, and decision before say right, suspend, in whole or in part, the provisional measures referred to in article V.4, § 1, and this until the day of the judgment.
If, in accordance with article V.4, § 2, the College of competition decided that provisional measures are of immediate application, appeal can be introduced and stays.
The suspension of execution may be ordered only if serious ways to justify annulment of the contested decision are invoked and immediate enforcement of the decision could have serious consequences for the person concerned.
The College of competition decisions referred in article V. 4 and the Court of appeal of Brussels referred to in section V. 5, § § 1 and 2, may be published in the Moniteur belge and on the website of the Belgian competition authority. "CHAPTER 3. -Entry into force art. 14. the King determines the date of entry into force of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 3, 2013.
ALBERT by the King: the Minister for the economy and consumers, J. VANDE LANOTTE sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) records of the House of representatives: 53-2592-2012/2013: No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full report: February 28, 2013.
The Senate documents: 5-1998-2012/2013: No. 1: draft transmitted by the House of representatives.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Annals of the Senate: March 21, 2013.
Records of the House of representatives: 53-2591-2012/2013: No. 1: Bill.
No. 2: 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: February 28, 2013.
The Senate documents: 5-1997-2012/2013: No. 1: project referred by the Senate.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Decision not to amend.
Annals of the Senate: March 21, 2013.