Posted the: 2010-03-11 Numac: 2010009184 SERVICE PUBLIC FÉDÉRAL JUSTICE 21 February 2010. -Law amending articles 1022 of the Judicial Code and 162bis of the Code of criminal procedure and repealing article 6 of the law of 2 August 2002 on combating late payment in commercial transactions (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 78 of the Constitution.
CHAPTER 2. -Modification of Code judiciary art. 2A section 1022 of the Judicial Code, replaced by Act of April 21, 2007 and amended by the law of December 22, 2008, the following changes are made: 1 ° to paragraph 4, the words "judge specially motivates its decision on this point." are replaced by the words "On this point, judge motivates specially its decision to reduce.";
2 ° paragraph 5 is replaced by the following: "when, in a same link for instance, several parties benefit from the allowance procedure dependant of one or more of the succombantes parties, this amount is up double allowance of maximum procedure to which is entitled beneficiary who is entitled to claim the highest compensation. It is divided between the parties by the judge.
3 ° article is supplemented by two paragraphs, worded as follows: 'when the instance closes by a decision by default and that no party losing has never appeared or when all succombantes parties appeared at the hearing of introduction but did not dispute the request or they ask exclusively terms and deadlines, the amount of the compensation procedure is the minimum compensation.
No compensation is due to the State: 1 ° when the Crown takes place by way of an action in civil proceedings in accordance with article 138bis, § 1;
2 ° when the auditor's office's work brought an action in the courts of labour in accordance with article 138bis, § 2. ».
CHAPTER 3. -Modification of Code of criminal procedure art. 3. in article 162bis, paragraph 2, of the Code of criminal procedure, inserted by the Act of April 21, 2007, "as well as towards the liable" is inserted between the word "warned" and the words "the allowance referred to in article 1022 of the Judicial Code.
CHAPTER 4. -Amendment of the law of 2 August 2002 on combating late payment in commercial transactions art. 4. article 6 of the law of 2 August 2002 on combating late payment in commercial transactions is repealed.
CHAPTER 5. -Disposition transitional art. 5. articles 2, 3 and 4 are applicable to cases pending at the time of their entry into force.
CHAPTER 6. -Entry into force art. 6. with the exception of the present article, the King sets the date of entry into force of each of the provisions of this Act.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 21, 2010.
ALBERT by the King: the Minister of Justice, S. DE CLERCK sealed with the seal of the State: the Minister of Justice, S. DE CLERCK Note (1) records of the House of representatives: Doc 52-2313-2009/2010: No. 1: Bill.
Nos. 2 and 3: amendments.
No. 4: report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary meeting and transmitted to the Senate.
Full report: January 28, 2010.
The Senate documents: 4-1617-2009/2010: No. 1: project not referred by the Senate.