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 «

The draft European Regulation on a European (Bank) Account Preservation Order: improving the efficiency of debt collection within the European Union

November 6th, 2012 § 0 comments § permalink

Last year the European Commission presented a proposal for a European Regulation (COM (2011)445 of 25 June 2011) which will enable creditors, either before or after having obtained an enforcement title, to apply for a Bank attachment (“preservation order”) which can be enforced throughout the European Union.

Considerations

At this moment a creditor wishing to prevent his debtor to withdraw monies from his bank accounts in the European Union, , has to follow national preservation or enforcement procedures. He is confronted with different legal systems, different procedural requirements and language barriers, resulting in additional costs and delays.
Moreover in many Member States it is difficult, if not impossible to obtain information on bank accounts held by debtors, without having recourse to detectives or specialist investigating agencies.
The European Account Preservation Order (“EAPO”) will be available to citizens and companies as an additional preservation and enforcement instrument next to national proceedings which remain available. » Read the rest of this entry «

“Je kan een betoog houden van een kwartier in perfect Nederlands en zorgen dat een Vlaming er niets van verstaat en omgekeerd” (Jan Leyers in Volkskrant Magazine van 14 juli 2012).

July 16th, 2012 § 0 comments § permalink

Deze uitspraak deed mij denken aan de eerste keer dat ik als advocaat voor de Brusselse Rechtbank verscheen. De rechter zei mij, dat hij de zaak ging “aanhouden”. Als van oorsprong Nederlands advocaat begreep ik, dat hij de zaak die morgen niet zou behandelen, maar naar een latere zitting zou uitstellen. Hij bedoelde echter, dat hij de zaak die morgen juist wel zou behandelen. Toen ik mijn Vlaamse secretaresse vroeg naar mijn “kamer” te komen, had ik geen idee, dat zij begreep, dat ik haar vroeg naar mijn slaapkamer te komen. Ik had “kantoor” moeten zeggen. » 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;

» Read the rest of this entry «

Belgian council of state (section administrative law), decision of 15 February 2012

March 21st, 2012 § 0 comments § permalink

request for annulment of the resolution of 17 december 2009 by the secretary-general of the department of culture, youth, sports and media of the flemish community concerning the publication of the applicable code (“wada code”) and applicable standards (“the resolution”) as referred to in art. 36 of the regulations of the flemish government of 20 june 2008 (“the regulation”) implementing the decree of 13 july 2007 on medically responsible sports practicing (“the decree”).
» Read the rest of this entry «

Greek decoder and English Premier League

March 14th, 2012 § 0 comments § permalink

Support Magazine, independent magazine for sports management in Belgium, publishes this week an article (in Dutch) by Marinus Vromans on the Greek decoder case and English Premier League games.

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 «

Marinus Vromans meets Herman Van Rompuy

February 7th, 2012 § 1 comment § permalink

Marinus Vromans meets Herman Van Rompuy, President of the European Union, at the New Year reception of KPN.

image copyright by Tryptique Brussels

Study on the effects of the Bosman case on European Football

January 25th, 2012 § 0 comments § permalink

In the 1995 Bosman case (European Court of Justice of 15 December 1995 in Union Royale Belge des Sociétés de Football Association vs. Bosman, C-415/93),  the European Court of Justice ruled that transfer rules which make the transfer of a player at the end of his contract term subject to payment of a transfer sum are invalid under European law and therefore unenforceable. These rules violate one of the basic rules of the single market (free movement of workers).

At a debate organized yesterday in Brussels by Burson Marsteller, an international public affairs agency, the results of a comparative study were presented on the possible effects of the Bosman ruling on European football.

» Read the rest of this entry «

A new business model for professional cycling? The key role of Medium Rights.

December 13th, 2011 § 0 comments § permalink

The Bakala-Lefèvere Business Plan

Zdenek Bakala, a Tsjech investor, and Patrick Lefèvere, director of the recently formed Omega Pharma-Quick Step pro cycling team, presented on 5 December 2011 in Antwerp their thoughts about a new 5 year business plan, which could change the world of professional cycling in a revolutionary way.

Up till now professional cycling teams are mainly financed by one or two main sponsors and a number of sub-sponsors. The contribution by the main sponsors is mainly of a financial nature, whilst the sub-sponsors may contribute “in kind”, for instance with logistics (team cars), materials (bikes) or beverages (sports drinks). In case of a Pro Team the annual budget may represent easily around 10 million Euro, but can be lower or higher.

As I understand their project, Bakala and Lefèvere intend to create a model where the teams would develop their own branding, instead of being dependent on everchanging sponsors, which are every day more difficult to find and which are normally not prepared to enter into long time engagements.

It is clear that the lack of continuity and stability of financing through sponsoring can be a serious threat to the future of professional cycling.

» Read the rest of this entry «