Category: Andersen in Belgium
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Local authorities no longer judge and participate in their own construction projects
In Flanders, construction projects are assessed for their environmental impact. In many cases, the applicant will therefore have to provide a note identifying these impacts (project EIA screening note). This note also determines whether a so-called environmental impact assessment (EIA) is required, which is a comprehensive expert report on the environmental impact. It is initially…
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Constitutional Court annuls prohibition on teaching by former police officers in the private investigation sector
Content of the Act of 18 May 2024 on private investigation The Act of 18 May 2024, which repealed and replaced the Private Detective Act of 1991, was intended to professionalize the sector. To that end, it introduced strict rules determining who may perform which functions: Proceedings before the Constitutional Court A former police commissioner,…
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An offer is not always binding: Ghent Court of Appeal clarifies in real estate sales
The sale of real estate rarely occurs without legal nuance. This is once again demonstrated by a recent ruling of the Ghent Court of Appeal dated June 4, 2025. Hereby, the court rules that an offer from a prospective buyer, despite being accepted by the seller, does not automatically result in a definitive sale nor…
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New Exit Tax in the Context of Cross-Border Transfers of Seat.
Until now, the notional treatment of such transactions as a liquidation had consequences only within the scope of corporate income tax. As a result, the company could be taxed on latent capital gains and tax-exempt reserves. This equivalence in principle had no tax implications for the shareholders, as no actual dividend was distributed. This position,…
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Zaventem Airport: Council Annuls Environmental Permit
Arrest RvVb-A-2425-1025 in de zaken 2324-RvVb-0771-A 2324-RvVb-0770-A en 2324-RvVb-0790-A (origineel document). Download here.
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Gaming Advertising Regulation in Belgium
In Belgium, approximately 100,000 people suffer from a confirmed gambling addiction, while an additional 380,000 individuals exhibit at-risk gambling behaviors, according to official estimates. These figures suggest that nearly 5% of the adult population is directly or indirectly affected by gambling-related issues and increase dramatically. Young men are particularly vulnerable. 1. Belgian applicable legal framework…
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Belgian Taxation: two pieces of good news for shareholders
Victoria: Hello Thierry, thank you for joining us today. In recent years, there’s been a lot of talk about increasing tax burdens in Belgium… but apparently, you have two pieces of good news to share? Thierry Litannie: Hello Victoria, thank you for the invitation. Indeed, good tax news is rare, but it does exist and…
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Discontinuation of the european online dispute resolution (ODR) platform and transition to new digital ADR tools
1. Regulation (EU) No 524/2013 established and mandated the Commission to develop and maintain a European Online Dispute Resolution Platform (the ‘ODR platform’) at EU level, offering a single point of entry to consumers and traders seeking the out-of-court resolution of disputes arising from online sales or service contracts. The ODR platform takes the form…
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Supreme Court clarifies deadline calculation for eviction compensation under Commercial Lease law
Case Background The tenant, who operated a hospitality business, requested a renewal of the commercial lease. The landlords refused, citing their intention to use the premises themselves. In such cases, the law prohibits the launch of a similar commercial activity unless the landlord compensates the tenant. When it became apparent that the landlords still intended…
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Is it possible to combine refusal to pay an invoice with a claim for damages in construction contracts? The Court of Cassation rules on the “double sanction” for contractual breach
I. What was the case about? A contractor was engaged to carry out a building project for an agreed contract price of almost €300,000. The developer later discovered defects, including a leaking roof and an inadequate concrete floor, and therefore refused to pay the outstanding balance of approximately €29,348.22. The court of first instance held…