The Institute of Company Lawyers has filed an appeal to partially annul the law of 3 April 2013 amending the Code of Economic Law.
In a ruling issued on 10 December, the Constitutional Court opted for a compromise between annulling article 79 of book IV of the act governing economic law and retaining confidentiality in regard to the opinions of company lawyers.
The Court decided that protection of professional privilege could be requested at any moment, thus even prior to the communication of grievances before the Brussels Court of Appeal which may suspend the proceeding on the basis of article 19 (2) of the Judicial Code regarding provisional measures.
Proceedings such as the one provided for by the law governing the economic code, which is being targeted by the appeal for annulment, could only be appealed before the Brussels Court of Appeal if the confidential opinions of company lawyers were cited during the communication of the grievances (in other words at the end of the proceeding).
This consequently led to the situation where these confidential opinions could only be removed from the proceeding after the Auditorat had been made aware of them.
This specific point is significant in regard to protecting professional privilege – reiterated under point B.8.2 of the Ruling – and thus meets the objections formulated by the Belgian Institute of Company Lawyers even though the appeal has been rejected and the procedure set out in article IV 79 of the code of economic law prevails. It is, however, now also possible to ask the Court of Appeal at any moment to suspend the decision by the Auditorat to view the confidential opinions of company lawyers.
For more information click here.
To view the ruling click here.
Hugues Delescaille
President Institute of Company Lawyers
