The second EFFORTS Report on national case-law is out: Report on Belgian case-law!
The report drafted by the EFFORTS Team of the Vrije Universiteit Brussel covers cases relating to the regulations covered by the EFFORTS Project (for more information please visit the home page of the EFFORTS Website), i.e. Regulation (EU) No 1215/2012 of 12 December 2012, Regulation (EC) No 805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims, Regulation (EC) No 1896/2006 of 12 December 2006 creating a European order for payment procedure, Regulation (EC) No 861/2007 of 11 July 2007 establishing a European Small Claims Procedure, and Regulation No 655/2014 of 15 May 2014 establishing a European Account Preservation Order procedure.
The drafters of the report noted that “Belgian law cases are not systematically published and very few are available to the public”, thus making it difficult for researchers and practitioners to collect useful data for an analysis of the relevant jurisprudence. It is also stated that: “The general awareness of the Eu Regulations in Belgium is relatively low. Judges, lawyers and bailiffs don’t have sufficient knowledge of them, and this appears to be a general problem. Many lawyers do not use recitals, because it is hard to find trustworthy information and the Belgian government does not do enough to provide information”.
For the complete Report on case-law with the overall assessment of the Vrije Universiteit Brussel EFFORTS Team follow this link.