Brussels International Business Court: preliminary draft bill draft approved

November 19th, 2017 § 0 comments § permalink

On 27 October 2017 the Belgian Council of Ministers approved a preliminary draft bill for the creation of the “Brussels International Business Court” (“BIBC”), a special state court, where proceedings are conducted in English.

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DISTRIBUTION LAW IN BELGIUM

March 1st, 2013 § 0 comments § permalink

Introduction:

Belgium is one of the few jurisdictions in the world with specific legislation on the termination of exclusive and quasi-exclusive  distribution agreements. Any company considering to distribute its products on the Belgian market – which after all is commercially an interesting market – is strongly advised to take specialist advice on Belgian distribution law, since Belgian law grants considerable protection to the distributor in case of termination. The Act of 19 December 2005 on precontractual information to be provided before entering into commercial cooperation agreements which may also be applicable to distribution agreements is not discussed here.  Competition law aspects under EU or national law are not discussed either in this contribution. » Read the rest of this entry «

Belgian Court of Arbitration for Sport

June 20th, 2012 § 0 comments § permalink

AWARD of 30 March 2012

Belgium.

Legal issues: national transfer of professional football player outside the regular transfer windows;

Compatibility transfer rules Belgian Football Association with FIFA Regulations;

Direct effect FIFA Regulations;

Criteria applicable to transfer outside regular transfer windows;

Test of reasonabless;

1.       VZW Koninklijke Sint-Truidense Voetbalvereniging, applicant;

2.       Royal Belgian Football Association, defendant;

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Court of Arbitration for Sport (CAS): UCI and WADA vs.Alberto Contador and RFEC, Arbitral Award of 6 February 2012

March 8th, 2012 § 0 comments § permalink

Facts:

Alberto Contador became first in the general classification of the 2010 Tour de France (“yellow jersey”). However the samples taken from Contador during the race and tested on 26 July 2010, the day after the Tour finished in Paris, showed a tiny concentration of clenbuterol. Clenbuterol is a forbidden substance on the WADA (“World Anti Doping Agency”)  list. UCI, the international cycling association, suspended Contador provisionally as from 26 August 2010, when UCI officially informed Contador of the results of the analysis of sample A. The WADA-list is included in the UCI Anti-Doping Rules.

As an explanation of the presence of the forbidden substance in his body, Contador submitted that the origin of the clenbuterol must have been contaminated meat, which was bought in Spain from a butcher, at the time that the Tour de France was in Pau, near the French-Spanish border.

Because of the fact that the concentration of clenbuterol was very low and earlier blood samples taken from Contador during the Tour in 2011 did not contain clenbuterol, UCI and WADA conducted another series of investigations in order to understand the findings better and to see whether there was an indication of other anti-doping violations than just the presence of clenbuterol in Contador’s body.

On the basis of the investigations conducted together with WADA, UCI concluded that there were sufficient elements in the file to start a case against Contador as an apparent anti-doping violation.

UCI transferred the file to the Spanish “Comité Nacional de Compétición y Disciplina Deportiva” (“CNCDD”), in order to start disciplinary proceedings against Contador.

Since UCI and WADA did not react to CNCDD’s invitation for documentary and scientific collaboration, CNCDD issued its decision solely on the formal notification to Contador of the adverse findings and the explanation given by Contador. » Read the rest of this entry «

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