In recent years, class actions have gained significant momentum across Europe, a trend expected to accelerate with the introduction of the EU Representative Actions Directive (2020/1828) ("RAD"). The RAD aims to harmonize minimum procedural standards for collective redress mechanisms for consumers across EU Member States, complementing any existing frameworks within national jurisdictions.

In Belgium, collective redress actions were first introduced for consumers under the Act of 28 March 2014 and extended to small and medium-sized enterprises (SMEs) in 2018. Most recently, the Act of 21 April 2024 further revised the regime to implement the RAD into Belgian law and to address challenges identified in case law and academic commentary, thereby enhancing the effectiveness of collective redress mechanisms.

The transitional arrangements under the 2024 Act stipulate that the old regime will continue to apply to actions filed on or before 10 June 2024, while the new regime will govern actions filed thereafter.

For a comprehensive overview of the legal framework governing class, collective, multi-party, or representative actions in Belgium, explore the Practice Note* below in which experts Hakim Boularbah and Maria-Clara Van den Bossche provide detailed insights and practical guidance.

If you require assistance or additional information, please do not hesitate to contact our class actions experts.

*This Practice Note is reproduced from Practical Law with the permission of the publishers. For further information, visit practicallaw.com

 

Class, Collective, and Representative Actions: Overview

Class, Collective, and Representative Actions: Overview