🇧🇪 Belgium

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

(a) Under the European Order for Payment (EOP) Regulation: In Belgium, there are several authorised means of communication for applying for a European Payment Order. For instance, forms (and possibly the statement of defence) can be submitted directly to (a) the clerk's office of the competent court; (b) sent by registered mail to the competent court; (c) sent by electronic means such as e-deposit, which is a web portal where citizens, companies and lawyers can deposit preliminary procedural documents, petitions, bundles of documents, pleadings and covering letters with a court Importantly, the application must be signed by the applicant or his representative, if permitted. (b) Under the European Enforcement Order (EEO) Regulation: Similar to the European Order for Payment, the means of communication that are accepted by and available to the Belgian courts for purposes of the Regulation are confined to two: the form A application in Annex I may be lodged directly, with the supporting documents, at the registry of the court with jurisdiction; or the same form, with the supporting documents, may be sent to the court by registered post.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

European Order for Payment (EOP):

In Belgium, jurisdiction for issuing a European Order for Payment is determined by the Belgian Judicial Code and depends on the nature of the dispute and the value of the claim. Employment disputes fall under the jurisdiction of the Employment Tribunal. Commercial disputes between companies, or between a company and a consumer acting outside a consumer capacity, are handled by the Commercial Court. Disputes between a business and a consumer or between consumers are heard by the Justice of the Peace where the claim is below EUR 5,000, and by the Court of First Instance where the claim is EUR 5,000 or more. The EOP procedure is unilateral. The creditor submits an application using standard Form A without attaching evidence; a description of the claim suffices. The court verifies compliance with the EOP Regulation and may request corrections (Form B), amendments (Form C), or reject the application (Form D). If the conditions are met, the court issues the EOP within 30 days (Form E), which is served on the defendant together with Form F. The defendant may file a statement of opposition within 30 days. If no opposition is lodged, the court of origin declares the EOP enforceable using Form G. If opposition is filed, the proceedings become adversarial, unless the claimant has requested termination in case of opposition. In Belgium, the transition to ordinary civil proceedings is managed by the court registrar, who summons the parties to a hearing.

European Enforcement Order (EEO):

Judgments certified as European Enforcement Orders are directly enforceable in Belgium without exequatur and are served on the debtor in the same manner as domestic judgments. Where certification is based on an authentic instrument, the competent authority is the notary who drew up the instrument. Where certification concerns a judgment or court-approved settlement, the competent authority is the clerk of the court that issued or approved it, although in practice the judge often performs this task. There is no specialised authority for EEO certification; jurisdiction follows the same court hierarchy as for EOP proceedings. Applications for EEO certification are unilateral and may be submitted at any time in respect of judgments or authentic instruments issued after 21 January 2005. A debtor may lodge an opposition before the Court of First Instance within 30 days of service or notification, notably in cases of procedural defects, lack of enforceability or specificity, or extinction of the debt through payment, prescription or settlement.

3. rules on service

In Belgium, the methods of notification and service are largely the same for European Orders for Payment (EOP) and European Enforcement Orders (EEO). Service may be effected through personal notification of the debtor, with proof of receipt or refusal drawn up by the competent authority, including service by registered judicial letter with acknowledgement of receipt. Electronic notification is also possible by e-mail, fax or e-deposit, provided there is automatic confirmation of receipt and the debtor's consent. Where the debtor has no known residence, service may be made on the Public Prosecutor under the Belgian Judicial Code; however, this method does not comply with the minimum service standards laid down in Articles 13 and 14 of the EOP and EEO Regulations, as it does not ensure actual receipt by the debtor. In cross-border cases, documents are transmitted by the clerk or bailiff to the competent authority of the receiving Member State in accordance with Regulation (EC) No 1393/2007. Belgian law also allows service on relatives, household members or employees of the addressee, as well as indirect service involving deposit of documents and subsequent registered notification. These methods raise concerns in light of EU minimum standards. Service may alternatively be made on the debtor's legal representative, as permitted by Article 15 of the EOP and EEO Regulations. In cross-border proceedings, the debtor has the right to refuse documents not written in a language they understand or not accompanied by a translation into an official language of the receiving Member State. Only the entries in Form A and Form E require translation. Although Regulation No 1393/2007 does not require certified translations, the use of sworn translators is recommended, and Belgian courts maintain official lists of such translators. .

4. Language of the certificate and documents to be appended

(a) Under the European Order for Payment (EOP) Regulation:

The EOP procedure is conducted in the language of the requested court. In accordance with Article 21.2(b) of the EOP Regulation. Although Belgium has not provided any clarification on the language used in the context of the EOP procedure, it can be stated that the official languages for enforcement on Belgian territory are Dutch, French or German (Article 1-2bis Act on the use of languages in judicial matters - Wet op het gebruik der talen in gerechtszaken). As regards the translation of the service, the addressee must be informed of the model form in which the debtor can read his rights in all official European languages. The absence of an English translation implies that the notification to the other party has not been made legally. Consequently, the continuation of the case through the ordinary procedure under Belgian law must be regularised in order not to disregard the debtor's rights of defence. It is important that the debtor understands the EOP certificate and is informed of the model form in Annex II in which he can read his rights in all EU languages, otherwise he may refuse to receive the documents. (b) Under the European Enforcement Order (EEO) Regulation:

A judgement certified as a European Enforcement Order is enforced under the same conditions as a judgement of a Belgian court (Article 20(1) EEO). For the purposes of Article 20(2)(c) of the Regulation, the copy of the judgment and the copy of the EEO certificate must be accompanied by a translation of the certificate into the official language of the place of enforcement, being Dutch, French or German (Article 1-2bis Act on the use of languages in judicial matters - Wet op het gebruik der talen in gerechtszaken). Regarding language rules for during EEO enforcement, the creditor must provide the Belgian enforcement authorities with a copy of the EEO certificate, the judgment and, if necessary, a transcription of the EEO certificate or a translation thereof into one of the official languages (see Article 20(2) of the EEO). In Belgium, the translation can be done by a sworn translator.

5. enforcement fees

(a) Under the European Order for Payment (EOP) Regulation: In Belgium, the application for a European order for payment is subject to fees (Article 1017-1025 BJC). What exactly this amounts to depends on the situation. But it can be stated that to initiate the procedure, the applicant must pay a fixed contribution of EUR 24 for the Legal Aid Budget Fund. If the application is addressed to the Justice of the Peace, the applicant must pay court fees of EUR 50 (Article 269 of the Code of Registration, Mortgage and Court Fees). And if the application is addressed to the Court of First Instance, the Enterprise Court or the Labour Court, the applicant must pay court fees of EUR 165. These court fees are only paid at the end of the legal procedure. In addition to these costs, there may also be costs for the enforcement (bailiff) of the certificate and the associated translation costs Those who do not have the income necessary to bear the costs of proceedings, are totally or partially exempted from paying various fees regarding registration, registry, expedition and the other expenses associated with them. In Belgium, some people are entitled to first-line legal assistance (initial consultation with a lawyer, is accessible to all) and second-line assistance (Totally or partially free depending on income. Income thresholds are revised every September). Applicants who exceed this threshold are liable to a plea bargain (in case of lawyer intervention). Legal fees are usually paid through bank transfers, via QR code, or through MyMinfin. Cash payments at the courthouse or to the legal representative are accepted, but are becoming less common. The costs of service and any other court fees may be recovered from the debtor after the proceedings are completed. If the claim is successfully recovered, these costs may be included in the execution costs payable by the debtor.

(b) Under the European Enforcement Order (EEO) Regulation: Estimating the cost of issuing an EEO certificate in Belgium is difficult without the specific information on, for example, the value of the claim, the number of pages of the judgments and whether the judgment needs to be translated. In general and similar to the European Order for Payment, court fees in Belgium are subject to Article 1017-1025 BJC. In the context of the EEO certificate, typical costs include several fixed costs such as court fees of EUR 50 or EUR 165 depending on the competent court (see rules under EOP). There are also costs to obtaining an authenticated copy of the judgement (this is calculated based on the number of pages of the judgement). Some translation costs may be applicable. In addition, there may be bailiff fees or costs related to registered mail delivery. Normally, there is no summons during the proceedings, but it may happen that a defence is filed, in which case court fees are also payable. This is a fixed amount for the costs and fees of the winning party's lawyer. It has to be paid by the party who lost the case. A contribution of EUR 24 is also paid to the Legal Aid Budget Fund.6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) Under the European Order for Payment (EOP) Regulation: Under certain conditions, the defendant can request a stay, limitation, or refusal of the enforcement of a "European order for payment" from the competent court in the Member State where enforcement is sought (Article 22(1)). These measures are only available if the defendant has applied for a review by the original court that issued the order. In such cases, the competent court or authority in the enforcement Member State may: • Restrict the enforcement to protective measures,

• Make enforcement conditional on the provision of security as determined by the court, or • Under

exceptional circumstances, suspend the enforcement proceedings entirely. In Belgium, the attachments judge (juge des saisies/beslagrechter) is responsible for decisions on stays, limitations, or refusals of enforcement. To initiate such a procedure, the defendant must submit an application in accordance with Article 1395, paragraph 2, of the Belgian Judicial Code.

(b) Under the European Enforcement Order (EEO) Regulation: The certificate may be withdrawn if it has been clearly wrongly granted, as provided for in Article 10.1(b) of the EEO Regulation. Annex VI serves as a form for a request for withdrawal (Article 10.3). A request for withdrawal may be made, for example, on the grounds of failure to comply with the conditions set out in Article 6 of the Regulation, is sufficient as a reason. The request must be submitted to the body that was responsible for the certification (registrar or judge). If the registrar is responsible, no adversarial procedure is provided for. If a judge has granted the certificate, a summons must be filed in accordance with Article 700 of the BJC, unless voluntary appearance or an inter partes request is possible. The judge that delivered the original judgment decides on the suspension or limitation of enforceability. This is a delicate assessment and a legal act. The EEO Regulation leaves it to national law to choose which court has jurisdiction. In Belgium, this is usually the attachment judge or, in exceptional cases, the appeal judge (contra Article 1402 BJC). In many cases, the jurisdiction lies with the judge in the Member State where the enforcement takes place. If a debtor has assets in several countries, a decision in one Member State can have a suspensive effect in other Member States. This is a powerful tool, as the proof of suspension has the same effect as the original EET certificate.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

For the EOP and EEO procedures, representation by legal professionals is not mandatory and the parties do not have to appear in court. However, it is useful to be represented by a legal professional given that, for example, Form A asks complex questions such as regarding the competent court, the calculation of interest, the qualification of the basis of the claim, etc. (Article 24(a) EOP Regulation). The rules on legal aid (Articles 664-699ter BJC) and legal second-line assistance (Articles 508/1-508/25 BJC - aide juridique de deuxième ligne/juridische tweedelijnsbijstand) can be applied if the applicant meets certain conditions. Lawyers in Belgium can provide free assistance to certain categories of people or depending on their income. They represent their client as in the context of paying legal assistance: they give advice, represent them in court, file appeals, etc. What the maximum income limit may be depends on the family situation. This determines whether the applicant can get a completely free or partially free lawyer. Each Flemish Bar Association organises its own second-line assistance, through their own Legal Aid Office, they review the applicants case and refers them to a lawyer who will help them further.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) Under the European Order for Payment (EOP) Regulation: The EOP Regulation is directly applicable, Belgium has not introduced additional national legislation to support its application. This leads to inconsistency in the application and hampers streamlined implementation. In addition, the EOP procedure in Belgium is handled by different courts without centralisation or specialised judges, leading to divergent interpretations and practices. The lack of a uniform framework and clear guidelines for judges causes confusion about how the procedure should be carried out correctly. Because of the lack of knowledge about EOP regulations leads to the unwillingness or inability to apply the Regulation correctly and consistently. This is evident from the number of case laws that can be found around this Regulation. Finally, the transition from the payment order procedure to ordinary proceedings is governed by the law of the Member State of origin according to Article 17.2. EOP Regulation. The absence in Belgian civil procedural law of specific rules on how this transition should be made creates difficulties with regard to the role, the summons and the setting of deadlines for submissions.

(b) Under the European Enforcement Order (EEO) Regulation: The EEO is applicable in Belgium exclusively based on the EU Regulations: no supplementing law has been enacted, nor did the Belgian legislator amend any aspect of the Belgian Judicial Code. The Minister of Justice issued on 22 June 2005 an appropriate 'circulaire'; however, this was not very helpful in embedding the Regulation in the Belgian legal system, having created many controversial positions. In effect, Belgian procedural system conflicts strongly with EEO, the citizens and professionals therefore lack familiarity with the regulation. However, a disadvantage may be that because the minimum standards are not enforceable, the creditor in Belgium sometimes cannot rely on the EEO scheme. Another, is that in Belgium does not have a review mechanism, as required by the Regulation (Article 19 EEO). Also, the notion and the interpretation of an 'uncontested claim' in default cases is very controversial. Finally, the circular designates the chief clerk to process EEO requests. This raises doubts, because the certification of an EEO certificate should be a judicial act. There is criticism that the choice of a circular, instead of statutory implementing measures, has led to divergent interpretations in case law. Through interpretation and case law, the circular has largely been set aside and certifications are mainly carried out by a judge.