ALTIUS
Europe Guide 2024
About
Partners: Marie Brasseur, Kirian Claeyé, Philippe de Jong, Sven Demeulemeester, Philippe De Wulf, Grégory Ernes, Alexander Hansebout, Bart Heynickx, Lieven Peeters, Christophe Ronse, William Timmermans, Gerrit Vandendriessche, Stijn Van Schel, Tom Vantroyen, Carmen Verdonck, Jérôme Vermeylen, Olivier Vrins
Number of partners: 17
Number of other lawyers: 65
Firm Overview:
ALTIUS is one of the largest Belgian independent law firms. Established in Brussels, the firm advises Belgian and international companies on the legal aspects of transactions, projects and disputes. For all tax related issues, ALTIUS maintains an operational relationship with the niche firm Tiberghien.
ALTIUS helps its clients navigate through often-complex legislation and regulatory environments and provide clear solutions to a wide range of legal issues. In addition to its specialist legal knowledge, ALTIUS focuses on thinking creatively with its clients to offer tailor-made solutions. ALTIUS’s aim is to turn, through careful listening and awareness, strategic questions into clear, straightforward answers.
Main Areas of Practice:
Corporate & M&A: The team covers a broad range of national and international transaction-related legal services to companies in various industry sectors. The team has an impressive track record in both national and cross-border mergers and acquisitions and divestments, auctions, joint-ventures, corporate real-estate transactions and corporate restructurings.
IP: The team advises key players in the pharmaceuticals, biotechnology, agri-food, healthcare, media and entertainment industries. In addition to an extensive track record of representing clients in complex patent litigation and illicit trade matters, it has substantial experience in dealing with Belgian and EU regulatory issues, including data exclusivity, pricing and reimbursement, advanced therapies, repackaging of parallel-imported products, clinical trials, advertising and the marketing of food and plant reproductive materials. The team also has extensive experience in trademarks, trade and domain names, copyright, software and database rights, geographical indications and designations of origin, industrial designs, trade secrets and know-how.
Life Sciences: The team has a proven track record advising clients on contentious and non-contentious matters in the life sciences and healthcare industries, especially regarding intellectual property and data protection, marketing of medicinal products, pricing and reimbursement and medical devices.
Banking & Finance: The team focuses on pure banking and finance work such as leveraged and acquisition finance, project finance, capital markets, structured commodities, export finance, asset finance, asset-backed securities and financial services. It has particularly strong relationships with international banks and financial institutions. It also handles restructuring and bankruptcy issues and other insolvency procedures.
Commercial: The team has developed solid experience in commercial agreements, trade practices, consumer protection, advertising, labelling and unfair competition practices. It regularly assists Belgian and international clients in the development of complex networks and modes of distribution, taking into account the Belgian and European laws regulating distribution, agency, franchising, distance selling and e-commerce.
Dispute Resolution: The team covers all the aspects of dispute resolution, including arbitration and alternative dispute resolution, enforcement of foreign judgements and arbitral awards, corporate litigation. Its lawyers are qualified to appear before the Belgian courts and the Court of Justice of the European Union.
Competition: The team has an excellent reputation in all aspects of competition law including merger control, joint-ventures, cartel investigations, the establishment and operation of distribution systems, the licensing and use of intellectual property rights and abuses of dominant positions. It also provides assistance during dawn-raids and in the setting–up of compliance programmes and trainings.
Sports: The team assists clients with highly specialised advice and legal services based on a sound knowledge of the regulations of the various national and international sports federations and their specific arbitration procedures.
ICT: The team assists hardware manufacturers, software developers, system integrators, e-commerce players, telecommunications operators and suppliers of other ICT-related services, such as consulting, support and maintenance services. It advises on data protection, ICT contracts and e-commerce, digital signatures, trade practice matters, including (online) advertising and general commercial law.
Employment: The team works with Belgian and international clients on all sorts of employment-related issues and offers day to day advice on the employment law aspects of running a business in Belgium. It has a particularly good reputation for handling cross-border employment, service agreements, collective labour law, collective dismissals, the employment law consequences of the winding up of companies and employment law litigation.
Real Estate: The team advises a wide range of clients on all matters of real estate law, also on zoning, permits, PPP, public procurement and litigation. Its expertise ranges from stand-alone office buildings, shopping centres and logistics centres to niche products such as senior citizen housing, healthcare facilities, hotels and sports and leisure centres.
Regulatory: The team specialises in regulatory matters and administrative law, including zoning, energy and environmental law, public procurement and PPP. The team also handles litigation regarding real estate and administrative law, and represents clients before the ordinary courts, the Constitutional Court and the Council of State.
Insolvency & Restructuring: The team assists clients with various issues of insolvency law and in the context of restructurings. It advises clients in obtaining judicial protection, taking over assets and businesses in going concern from companies under judicial protection. It also has experience in defending clients’ interest when business partners are on the verge of insolvency or are applying for judicial protection against creditors. It also handles recovering claims from companies under judicial protection or bankrupt companies.
Ranked Offices
Provided by ALTIUS
- BrusselsTour & Taxis Building, Havenlaan 86C, Box 414, Avenue du Port, Brussels, Brussels Capital Region, Belgium, 1000
- Web: www.altius.com
- Tel: +32 2 426 1414
- Fax: +32 2 426 2030
- View ranked office
ALTIUS rankings
Articles, highlights and press releases
61 items provided by ALTIUS
Contractor chains in construction: major limitations for subcontractors from 1 January 2025.
From 1 January 2025, Belgium will introduce significant limitations on vertical contractor chains in the construction sector to combat social dumping and worker exploitation, addressing issues caused by complex chains and non-genuine posting setups.
CJEU C-793/22 Biohemp – Indoor Cannabis Cultivation: The CJEU Weighs in
The CJEU ruled that indoor hydroponic hemp cultivation falls under EU agricultural law. National bans, like Romania’s, must be justified by public interest and be proportional. The decision shifts the burden of proof to Member States to explain why less restrictive measures aren't sufficient.
Can employees take job search leave from week one of their notice period before outplacement?
Employees with outplacement assistance can take job search leave from the start of their notice period, even before starting outplacement support.
E-Evidence in the EU: Fast-Tracking Justice or Fast-Tracking Trouble?
The EU's E-Evidence package addresses the challenges of accessing electronic evidence in criminal investigations, as data stored in the cloud is often cross-border and difficult to trace. It aims to streamline access but raises concerns about privacy, rights, and the role of EU service providers.
More flexibility for insurance contract termination
Belgium's new insurance law (effective 1 Oct 2024) allows consumers to terminate contracts after one year with two months' notice and no penalties. It introduces electronic termination options and requires insurers to refund premiums pro rata, though digital platforms may be underused.
Belgian Competition Authority ramps up bid rigging crackdown, prosecuting individuals too.
On 21 September 2024, the Belgian Competition Authority announced it will prosecute individuals in subsidy-related investigations, marking a first. This follows recent bid rigging decisions and the BCA’s 2023 report prioritizing such practices.
Posting workers to Belgium: keeping up with the latest developments
This newsletter gives a short overview of the latest legal and administrative developments when temporarily posting workers to Belgium. The topics covered are relevant for both foreign posting employers and Belgian service users.
New payment terms in public procurement
The Royal Decree of 12 August 2024 merges the 30-day verification and payment terms for public tenders into one 30-day “treatment term,” with a maximum extension of 60 days under specific conditions. An exception for the healthcare sector remains. It applies to tenders published from 1 January 2025.
New measures to address over-indebtedness and protect companies in difficulty
The Act of 15 May 2024, addressing over-indebtedness and protecting struggling companies, introduces measures for early debt detection, improved bailiff processes, and better protection for companies at risk of insolvency. It expands the Central File of Notices and mandates training for bailiffs.
Deepfakes in the music industry: Will the AI Act change the tune?
Deepfake technology in the music industry raises concerns about IP rights, privacy, and unauthorized use of likeness. The AI Act, effective in 2026, introduces transparency obligations but may not fully address malicious uses. Legal action is likely needed under IP and data protection laws.
Hacking NIS2: 5 Innovations About the Sequel to the EU’s Cybersecurity Framework
NIS2 updates the EU's cybersecurity laws, expanding coverage to more sectors and introducing stricter obligations for "essential" and "important" entities. Key changes include broader risk management, reporting, and personal liability for management. Belgium is ahead in implementing NIS2.
Belgium gears up to enforce the EU Deforestation Regulation
Belgium has amended its Product Standards Law to align with the EU Deforestation Regulation (EUDR), introducing penalties and enforcement mechanisms for non-compliance. Despite opposition from some Member States seeking delays, the EUDR’s implementation timeline is expected to remain on track.
A significant reform of the Social Penal Code is anticipated
A draft Act in Belgium proposes significant reforms to the Social Penal Code, including increased fines for serious offenses, reduced penalties for minor administrative errors, new penalties (e.g., banning public tender participation), and a legal definition of "social dumping.
CJEU Clarifies Import Ban on Chinese Fish Oil for Animal Feed
The CJEU ruled that the term “fishery products” in EU law applies only to food products, not animal feed. As a result, fish oil for feed from China is subject to the EU import ban. The ruling emphasizes consistency in EU legislation for food and feed regulation.
CJEU balances strict obligations for wholesalers of medicines with proportional penalties
The CJEU clarified strict rules for medicine wholesalers, emphasizing sourcing from authorized suppliers and proportional penalties for breaches. Wholesalers must ensure compliance with EU health standards and maintain accessible information during inspections.
New protection for employees undergoing infertility treatment
Belgium’s new Act (18 April 2024) protects employees undergoing infertility treatment or MAR from dismissal and discrimination. The Labour Act now applies to IVF and related treatments. Protection lasts for two months, extendable, with penalties for non-compliance.
New guidelines for the Belgian rules on foreign direct investment
Since July 2023, Belgium requires non-EU investors to notify the ISC before acquiring significant stakes in sensitive sectors. New April 2024 guidelines clarify notification rules, exemptions, and penalties, emphasizing compliance to avoid fines or divestment orders.
On 1 September 2024 the new Belgian Act on pre-contractual information documentation takes effect
From 1 September 2024, Belgium’s new law requires a pre-contractual information document (PID) for commercial cooperation agreements. The PID must include specific details about costs, obligations, and terms. Non-compliance may result in the nullity of the agreement or clauses.
Hospital mergers no longer subject to the Belgian Competition Authority’s prior review
Belgium's new law, approved on 28 March 2024, exempts most hospital mergers from prior review by the Competition Authority, aiming to simplify processes. Larger hospital mergers still require notification. The change follows ongoing debates about balancing competition and healthcare efficiency.
Belgium Strengthens Competition Authority's Role in Enforcing Digital Markets Act
Belgium's new Act implements the EU Digital Markets Act (DMA), boosting the Belgian Competition Authority's (BCA) powers. Key changes include expanded investigation rights, cooperation with the EU Commission, and new rules on hospital mergers. The Act takes effect 10 days post-publication.
Reform of the artist status: The issues at stake for the Commission du Travail des Arts
The new "arts work certificate" offers better social protection for artists and support staff. It recognises diverse roles, reduces precariousness, and simplifies admin. From January 2024, artists can apply via a digital platform, gaining employee status and legal certainty.
Employers are obliged to pay a contribution to the Back to Work Fund
Employers must notify the ‘Back to Work Fund’ and pay EUR 1,800 for each termination due to medical force majeure. This contribution funds vouchers for employees to access career guidance or coaching. Non-compliance could lead to hefty fines.
A Step Forward in Green Marketing Regulation: EU Directives target greenwashing and strengthen requi
At a time when consumers have become increasingly aware of sustainability issues, it is sometimes difficult to find one’s way through the various green claims and environmental labels.
BCA fines kitchen accessories company Le Creuset for resale price maintenance
The Belgian Competition Authority has fined Le Creuset EUR 490,112 for having implemented a resale price maintenance policy.
EU citizens rally for medical cannabis but face a rigid European Commission
In the EU, access to medical cannabis is a matter of national policy. A group of citizens wants to change that by leveraging a citizens’ initiative and prompting the European Commission to act.
The authors of Ravel’s Boléro: Towards a revival of copyright in the Basque composer’s masterpiece?
Ravel’s most famous score officially became free of rights on 1 May 2016. However, the civil court of Nanterre might soon decide that it is to return to the private domain.
Changes in the law on marketing of veterinary medicines: what you need to know
In this blog post, we provide an overview of the key changes related to the marketing of veterinary medicines set out in Chapters 4 and 14 of the new Law.
EU Court of Justice: Parallel importer may not remove PPP batch number
This blog post mainly focuses on the CJEU’s findings regarding the responsibility of parallel importers for ensuring the display of the original batch number on the product packaging.
2023 began with the end of Jacques Steenbergen’s mandate as president of the BCA.
2023 Belgian Competition Law round-up
Three changes in Belgian food law in 2023
In this short article, we look at three developments in Belgian food law that have taken place in 2023: the amendments to the Food Safety Agency’s administrative fining regime, the introduction of nutrivigilance, and the announced revision of the food hygiene legislation.
Contractor chains in construction: major limitations for subcontractors from 1 January 2025.
From 1 January 2025, Belgium will introduce significant limitations on vertical contractor chains in the construction sector to combat social dumping and worker exploitation, addressing issues caused by complex chains and non-genuine posting setups.
CJEU C-793/22 Biohemp – Indoor Cannabis Cultivation: The CJEU Weighs in
The CJEU ruled that indoor hydroponic hemp cultivation falls under EU agricultural law. National bans, like Romania’s, must be justified by public interest and be proportional. The decision shifts the burden of proof to Member States to explain why less restrictive measures aren't sufficient.
Can employees take job search leave from week one of their notice period before outplacement?
Employees with outplacement assistance can take job search leave from the start of their notice period, even before starting outplacement support.
E-Evidence in the EU: Fast-Tracking Justice or Fast-Tracking Trouble?
The EU's E-Evidence package addresses the challenges of accessing electronic evidence in criminal investigations, as data stored in the cloud is often cross-border and difficult to trace. It aims to streamline access but raises concerns about privacy, rights, and the role of EU service providers.
More flexibility for insurance contract termination
Belgium's new insurance law (effective 1 Oct 2024) allows consumers to terminate contracts after one year with two months' notice and no penalties. It introduces electronic termination options and requires insurers to refund premiums pro rata, though digital platforms may be underused.
Belgian Competition Authority ramps up bid rigging crackdown, prosecuting individuals too.
On 21 September 2024, the Belgian Competition Authority announced it will prosecute individuals in subsidy-related investigations, marking a first. This follows recent bid rigging decisions and the BCA’s 2023 report prioritizing such practices.
Posting workers to Belgium: keeping up with the latest developments
This newsletter gives a short overview of the latest legal and administrative developments when temporarily posting workers to Belgium. The topics covered are relevant for both foreign posting employers and Belgian service users.
New payment terms in public procurement
The Royal Decree of 12 August 2024 merges the 30-day verification and payment terms for public tenders into one 30-day “treatment term,” with a maximum extension of 60 days under specific conditions. An exception for the healthcare sector remains. It applies to tenders published from 1 January 2025.
New measures to address over-indebtedness and protect companies in difficulty
The Act of 15 May 2024, addressing over-indebtedness and protecting struggling companies, introduces measures for early debt detection, improved bailiff processes, and better protection for companies at risk of insolvency. It expands the Central File of Notices and mandates training for bailiffs.
Deepfakes in the music industry: Will the AI Act change the tune?
Deepfake technology in the music industry raises concerns about IP rights, privacy, and unauthorized use of likeness. The AI Act, effective in 2026, introduces transparency obligations but may not fully address malicious uses. Legal action is likely needed under IP and data protection laws.
Hacking NIS2: 5 Innovations About the Sequel to the EU’s Cybersecurity Framework
NIS2 updates the EU's cybersecurity laws, expanding coverage to more sectors and introducing stricter obligations for "essential" and "important" entities. Key changes include broader risk management, reporting, and personal liability for management. Belgium is ahead in implementing NIS2.
Belgium gears up to enforce the EU Deforestation Regulation
Belgium has amended its Product Standards Law to align with the EU Deforestation Regulation (EUDR), introducing penalties and enforcement mechanisms for non-compliance. Despite opposition from some Member States seeking delays, the EUDR’s implementation timeline is expected to remain on track.
A significant reform of the Social Penal Code is anticipated
A draft Act in Belgium proposes significant reforms to the Social Penal Code, including increased fines for serious offenses, reduced penalties for minor administrative errors, new penalties (e.g., banning public tender participation), and a legal definition of "social dumping.
CJEU Clarifies Import Ban on Chinese Fish Oil for Animal Feed
The CJEU ruled that the term “fishery products” in EU law applies only to food products, not animal feed. As a result, fish oil for feed from China is subject to the EU import ban. The ruling emphasizes consistency in EU legislation for food and feed regulation.
CJEU balances strict obligations for wholesalers of medicines with proportional penalties
The CJEU clarified strict rules for medicine wholesalers, emphasizing sourcing from authorized suppliers and proportional penalties for breaches. Wholesalers must ensure compliance with EU health standards and maintain accessible information during inspections.
New protection for employees undergoing infertility treatment
Belgium’s new Act (18 April 2024) protects employees undergoing infertility treatment or MAR from dismissal and discrimination. The Labour Act now applies to IVF and related treatments. Protection lasts for two months, extendable, with penalties for non-compliance.
New guidelines for the Belgian rules on foreign direct investment
Since July 2023, Belgium requires non-EU investors to notify the ISC before acquiring significant stakes in sensitive sectors. New April 2024 guidelines clarify notification rules, exemptions, and penalties, emphasizing compliance to avoid fines or divestment orders.
On 1 September 2024 the new Belgian Act on pre-contractual information documentation takes effect
From 1 September 2024, Belgium’s new law requires a pre-contractual information document (PID) for commercial cooperation agreements. The PID must include specific details about costs, obligations, and terms. Non-compliance may result in the nullity of the agreement or clauses.
Hospital mergers no longer subject to the Belgian Competition Authority’s prior review
Belgium's new law, approved on 28 March 2024, exempts most hospital mergers from prior review by the Competition Authority, aiming to simplify processes. Larger hospital mergers still require notification. The change follows ongoing debates about balancing competition and healthcare efficiency.
Belgium Strengthens Competition Authority's Role in Enforcing Digital Markets Act
Belgium's new Act implements the EU Digital Markets Act (DMA), boosting the Belgian Competition Authority's (BCA) powers. Key changes include expanded investigation rights, cooperation with the EU Commission, and new rules on hospital mergers. The Act takes effect 10 days post-publication.
Reform of the artist status: The issues at stake for the Commission du Travail des Arts
The new "arts work certificate" offers better social protection for artists and support staff. It recognises diverse roles, reduces precariousness, and simplifies admin. From January 2024, artists can apply via a digital platform, gaining employee status and legal certainty.
Employers are obliged to pay a contribution to the Back to Work Fund
Employers must notify the ‘Back to Work Fund’ and pay EUR 1,800 for each termination due to medical force majeure. This contribution funds vouchers for employees to access career guidance or coaching. Non-compliance could lead to hefty fines.
A Step Forward in Green Marketing Regulation: EU Directives target greenwashing and strengthen requi
At a time when consumers have become increasingly aware of sustainability issues, it is sometimes difficult to find one’s way through the various green claims and environmental labels.
BCA fines kitchen accessories company Le Creuset for resale price maintenance
The Belgian Competition Authority has fined Le Creuset EUR 490,112 for having implemented a resale price maintenance policy.
EU citizens rally for medical cannabis but face a rigid European Commission
In the EU, access to medical cannabis is a matter of national policy. A group of citizens wants to change that by leveraging a citizens’ initiative and prompting the European Commission to act.
The authors of Ravel’s Boléro: Towards a revival of copyright in the Basque composer’s masterpiece?
Ravel’s most famous score officially became free of rights on 1 May 2016. However, the civil court of Nanterre might soon decide that it is to return to the private domain.
Changes in the law on marketing of veterinary medicines: what you need to know
In this blog post, we provide an overview of the key changes related to the marketing of veterinary medicines set out in Chapters 4 and 14 of the new Law.
EU Court of Justice: Parallel importer may not remove PPP batch number
This blog post mainly focuses on the CJEU’s findings regarding the responsibility of parallel importers for ensuring the display of the original batch number on the product packaging.
2023 began with the end of Jacques Steenbergen’s mandate as president of the BCA.
2023 Belgian Competition Law round-up
Three changes in Belgian food law in 2023
In this short article, we look at three developments in Belgian food law that have taken place in 2023: the amendments to the Food Safety Agency’s administrative fining regime, the introduction of nutrivigilance, and the announced revision of the food hygiene legislation.