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Belgian Legislator suspends (almost) all enforcements in the next weeks due to COVID crisis

By Royal Decree of 24 April 2020 the Belgian Government has implemented the following measures, in order to support companies in difficulties during the COVID crisis:

  1. Suspension of arrest and enforcement orders for the period from 24 April to 17 May 2020. This period may be extended. The suspension concerns all arrests on the goods of a company.

  2. Arrest on seagoing and inland waterway vessels and seizure of real-estate are excluded from these measures and therefore remain possible.

  3. No declarations of bankruptcy on the writ of summons by a creditor or judicial dissolution, but declarations of bankruptcy remain possible on the writ of summons by the public prosecutor or at the request of the provisional administrator. The company may, however, still requests its own bankruptcy.

  4. Payment terms included in a reorganization plan are extended.

  5. No judicial dissolution or unilateral dissolution of (commercial) agreements due to non-payment, not applicable to employment contracts.

Any party with a special interest may summon the President of the Business Court to decide that the company does not fall within the scope of application and suspension of execution/arrest is lifted in whole or in part. Proceedings will take place "as in Summary Judgement " and decisions are therefore contradictory.

The President shall take into account, among other things, whether, as a result of the COVID-19 epidemic or pandemic, the debtor's turnover or activity has fallen sharply, whether full or partial recourse has been had to economic unemployment, and whether the government has given orders to close of the debtor's undertaking, as well as the interests of the applicant.

If you want more information on the current COVID measures, please contact info@kegels-co.be.