Legislation

Authors prof. dr. mr. P.M. van der Zanden RA, mr. dr. J.E. Brink-Van der Meer

 The concept of class action was introduced into Belgian law by the Act of 28 March 2014, providing for the 'action for collective redress' in the Belgian Code of Economic Law. Until 2018, the scope of this action was strictly limited: only groups of consumers represented by non-profit organisations or public bodies were allowed to bring an action for collective redress, which must be brought against an enterprise and must concern an alleged violation of specifically enumerated Belgian and European laws, which mainly included consumer protection laws. Since June 2018, actions for collective redress can also be instituted by small and medium-sized enterprises (SMEs) represented by non-profit organisations or public bodies as described in the law. Another law of 2017 had already expanded the material scope of the action for collective redress to allow such actions to be brought on the basis of an alleged violation of EU competition law (Articles 101 and 102 TFEU).

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