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12 MAI 2004. - An Act to conduct an appeal procedure in the context of protection against false money (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. § 1^er. An appeal to the Court of Appeal in Brussels is open against the decisions by which the Minister who has the finances in his or her powers in breach of the fines under sections 5 and 10 of the Law of 12 May 2004 on protection against false money-making.
§ 2. The remedies referred to in § 1^er must be trained barely in the 30 days of notification of the decision.
§ 3. The remedies referred to in § 1^er are trained, barely irreceivable, by request and filed at the court of appeal in Brussels as many copies as parties to the case.
In case of invalidity, the request contains:
1° the indication of day, month and year;
2° if the applicant is a natural person, his name, first name and domicile; if the applicant is a legal entity, its name, form, head office and body representing it;
3° the reference to the decision being appealed;
4° the statement of means;
5° the indication of the place, day and time of the appearance fixed by the court of appeal;
6° the inventory of documents and supporting documents submitted to the Registry at the same time as the request.
The request is notified by the Court of Appeal of Brussels to all parties called to the case by the appellant.
At any time, the Brussels Court of Appeal may call on the case any other persons whose situation may be affected by the decision to intervene on the appeal.
The Court of Appeal sets out the time limit for parties to communicate their written submissions and file a copy of them at the Registry. It also sets the date for discussion.
Each party may file their written submissions to the Brussels Court of Appeal Registry and consult the file with the Registry without movement. The Brussels Court of Appeal sets the deadlines for the production of these observations. They are brought to the attention of the parties by the registry.
§ 4.The Registry of the Court of Appeal of Brussels shall request the secretariat of the Minister, within five days of the registration of the case to the role, the sending of the record of the proceedings. The transmission is made within five days of receipt of the request.
§ 5. Unless circumstances are properly substantiated, the Brussels Court of Appeal shall rule within 60 days of the filing of the application referred to in § 3.
§ 6. The appeal referred to in § 1^er is suspensive.
Art. 3. Article 605bis of the Judicial Code, inserted by the law of 2 August 2002, is supplemented by the following provision: "and the remedies referred to in Article 2 of the law of 12 May 2004 organizing an appeal procedure in the context of protection against false money-making."
Art. 4. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2004.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Finance,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
Parliamentary references.
(1) Session 2003-2004.
House of Representatives:
Parliamentary documents. - Bill No. 51-369/1. - Report, No. 51-369/2. - Text adopted by the Committee (art. 77), No. 51-369/3. Text adopted by the Commission (art. 78), No. 51-369/4. - Text adopted in plenary meeting and transmitted to the Senate (article 77), No. 51-369/5. Draft amended by the Senate, No. 51-369/6. - Text adopted in plenary and subject to Royal Assent, No. 51-369/7.
Full report: 8 January and 18 March 2004.
Senate:
Parliamentary documents. - Project transmitted by the House of Representatives, No. 3-445/1. - Amendments, No. 3-445/2. - Report, number 3-445/3. - Text amended by the Commission, No. 3-445/4. - Text amended by the Senate and referred to the House of Representatives, No. 3-445/5.
Annales of the Senate: February 19, 2004.