Recently, the Belgian Supreme Court has given a further interpretation to the scope of the new undisputed claims procedure, which already has been discussed on this website on July 7th 2016.
The court has ruled on 12th October 2017 that the use of the judicial procedure to recover undisputed monetary debts, rather than the undisputed claims procedure, implemented on 1st November 2015 can not be qualified as a fault, nor as an indication of abuse of litigation.
This ruling consequently implies that the use of the undisputed claims procedure is only facultative and that the creditor shall always retain the right to recover the undisputed monetary debts by a normal judicial procedure, without being punished for this choice.
Source: : Cour de Cassation
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