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Fixed reimbursement of costs: reversal of the burden of proof, disadvantageous for the employer

Auparavant, lorsque l’employeur était contrôlé par l’ONSS sur les remboursements forfaitaires de frais qu’il accordait à ses travailleurs, il appartenait à l’ONSS de démontrer que ces frais constituaient de la rémunération déguisée avant de pouvoir les soumettre au paiement de cotisations de sécurité sociale.

01.06.2010
 Mr. Gaël Chuffart
Mr. Pierre Degouis

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All posts 96 pages :  |< < 1 2 3 4 5 > >|

Merger and division: running towards simplification


The Law of 8 January 2012, modifies the Company Code following Directive 2009/109/EC as regards reporting and documentation requirements in the case of mergers and divisions.
04.02.2012
 Mr. Gaëtan Seny

Restructuring aid and airlines


The EU Commission opens an investigation into restructuring aid in favor of Air Malta
04.02.2012
 Mr. Sébastien Engelen

Transfer under judicial supervision: up to what point can the interest of the creditors jeopardize the chances of transfer ?


Within the framework of the procedure of judicial reorganization of Thissen Laboratories by transfer under judicial supervision, the Commercial Court of Nivelles recently restated the criteria which prevail at the time of ruling on an offer of transfer.
04.02.2012
 Mr. Grégory De Sauvage

Netting arrangements: not enforceable in Belgium against non-merchants: any solutions?


Through its decision of 27 November 2008, the Belgian Constitutional Court declared netting arrangements in insolvency proceedings, which are explicitly allowed under the Belgian Financial Collateral Law of 15 December 2004, unconstitutional where such netting arrangements apply to non-merchants. Despite the numerous criticisms about this decision, the amended Belgian Financial Collateral Law, entered into force on 10 November 2011, now explicitly excludes non-merchants from its scope. However, even in the case of non-merchants, financial institutions can still claim netting by operation of (the more strict conditions of) the Belgian Civil Code.
04.02.2012
 Mrs. Virginie Fremat

EU: Data Protection Directive Provides For Complete Harmonisation Says ECJ


In a judgment of 24 November 2011, the Court of Justice of the EU (the “ECJ”) interpreted Article 7 (f) of Directive 95/46 of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data (the “Data Protection Directive”).
03.02.2012
 Ms. Monika Kuschewsky

The application of the commercial practices act to liberal professions


The Constitutional Court has declared the law on market practices and consumer protection to be applicable to liberal professions. The main consequence is the application to liberal professions of the general principle of the prohibition of unfair trade practices and a higher level of protection for consumers.
03.02.2012
 Mr. Anthony Cornette

FBI anti-piracy warning. Closure of MegaUpload: what future for piracy?


The closure of the downloadsite MegaUpload raises both questions of copyright and communication of protected works and of the responsibility of the providers which offer hosting services to internet users. The immunity of those providers does not exempt them from their obligation to remove illegal content as soon as they are notified. The MegaUpload case opens the debate about copyrights and their application to the reality of the internet.
03.02.2012
 Mr. Olivier Gilard

Belgian Supreme Court renders a decision about counterfeit seizure proceedings


In its decision of 25 November 2011, the Belgian Supreme Court stated that counterfeit seizure proceedings, which are ex parte proceedings, may not be initiated on the basis of assumptions about the counterfeit, if such assumptions are not supported by documentary evidence. The court confirms that it is not possible to obtain the permission for a counterfeit seizure in relation to software on the basis of an anonymous tip-off.
02.02.2012
 Mr. Tom Heremans

Decisions in Framework of Dawn Raid Procedure Challengeable before Brussels Court of Appeal


On 22 December 2011, the Belgian Constitutional Court issued a preliminary ruling holding that Articles 44, 45 and 75 of the Belgian Competition Law violate the Belgian Constitution, the European Convention of Human Rights and the Charter of Fundamental Rights of the EU, if interpreted as excluding decisions of the College of Competition Prosecutors from a possible appeal before the Brussels Court of Appeal.
01.02.2012
 Mrs. Charlotte Nassogne
Mr. Johan Van Acker

New Reporting and Documentation Requirements for Mergers and Divisions in Belgium


On 8 January 2012, an act implementing Directive 2009/109/EC (the "Directive") was adopted by the Belgian Parliament (the "Act"). The Act entered into force on 18 January 2012. The Act was adopted in response to the European Commission's comments that some of Belgium's reporting and documentation requirements for mergers and divisions were outdated and excessive; the purpose of the Act is to reduce the administrative burden in this regard.
31.01.2012
 Mrs. Anne Tilleux

All posts96 pages :  |< < 1 2 3 4 5 > >|

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