Last Updated April 16, 2019

Law and Practice

Contributed By Linklaters

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Linklaters is a leading international law firm, and has advised on significant deals in over 100 countries. In addition to serving clients from its 30 offices and via its alliance with Allens and Webber Wentzel, Linklaters’ lawyers have expertise in key jurisdictions across emerging Europe, the Middle East, Asia and Africa. In Belgium, Linklaters is recognised as a market-leading law firm, with a presence in the Belgian market dating from 1969 and with offices in both Brussels and Antwerp. Its wide offering of specialised practices, ranging from corporate and banking to IP/TMT and tax, means that the firm provides market-leading advice across the full spectrum of legal specialities.

Court fees are fixed in Belgium and the amounts vary depending on the competent court and the stage of the proceedings (first instance or appeal) at stake.

Articles 851 and 852 of the Judicial Code provide that a foreign applicant or intervening party is obliged, in case the defendant is Belgian and claims this before any other exception, to provide a guarantee to compensate all costs and damages that the foreign applicant or intervening party may be ordered to pay in the framework of civil court proceedings. Exceptions to this rule apply if dispensation has been granted in a treaty or in other specific circumstances (eg, proof that the foreign applicant or intervening party has immovable or other seizable properties in Belgium).

For any cases with an introductory hearing as of 1 February 2019, the fixed registry fee is no longer due upfront when the case is entered on the docket, but becomes due and payable by the losing party once a final decision has been issued (or shared among the parties in case both parties prevail on a different point at issue as per the court’s decision) or by the claimant if the case has been removed from the docket.

Costs and fees arising in the course of the proceedings are generally collected while the proceedings are pending. The party claiming certain investigation measures may be ordered to (partially or fully) advance any costs or fees that may be due or form a reserve in that respect, eg, in case of the appointment of an expert or the hearing of a witness, and the other party may in some cases be ordered to contribute to that.

Linklaters

13 Rue Brederode
Brussels
1000

+32 2 501 90 86

+32 2 501 91 14

pieter.van_den_broecke@linklaters.com www.linklaters.com
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Authors



Linklaters is a leading international law firm, and has advised on significant deals in over 100 countries. In addition to serving clients from its 30 offices and via its alliance with Allens and Webber Wentzel, Linklaters’ lawyers have expertise in key jurisdictions across emerging Europe, the Middle East, Asia and Africa. In Belgium, Linklaters is recognised as a market-leading law firm, with a presence in the Belgian market dating from 1969 and with offices in both Brussels and Antwerp. Its wide offering of specialised practices, ranging from corporate and banking to IP/TMT and tax, means that the firm provides market-leading advice across the full spectrum of legal specialities.

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