On 15 January 2021, the Belgian Supreme Court (Hof van Cassatie / Cour de Cassation) overruled a decision of the Antwerp Court of Appeal of 3 February 2020. The Court of Appeal ruled that sellers may not claim the contractual exoneration
The Law of 4 April 2019 introduced new mandatory rules that intend to procure that the key terms of contracts between undertakings are fair and not abusive (the “B2B Fair Contract Rules”).
In recent years, the practice of drop-shipping has intensified by taking advantage of the boom in e-commerce. While this way of business is in principle not illegal per se, some sellers who use it are guilty of misleading or even fraudulent practices.
The Law of 4 April 2019 (the “B2B Law”)(1) introduced new mandatory rules that intend to procure that the key terms of contracts between businesses are fair and not abusive (the “B2B Fair Contract Rules”). Under the rules, unfair terms will be deemed to be null and void and thus unenforceable.
As the B2B law is specifically adopted with a focus on the situation of franchisees who could sometimes be faced with unfair terms and conditions, franchise contracts are therefore in the middle of the debate in respect of this new law.
On 21 December 2020, the Opposition Division of the EUIPO rejected the registration application for the ‘CHAMPAWS’ trade mark for pet beverages because it evoked the ‘CHAMPAGNE’ PDO.
As the B2B law applies to all contracts between businesses, it will generally concern contracts for the provision of services and commercial distribution that are common in business life
U vindt hieronder een overzicht van recente juridische ontwikkeling op Europees en Belgisch niveau.
The B2B law inevitably has an important effect on the general terms and conditions of your agreements. In this section of our practical guide we explain why. You will find out how important it is to review your general terms
In this section of our guide, we deal with the issue which parties are affected by the law and which clauses are subject to this law. We also deal with the situation with regard to contracts in force on 1 December 2020.
