5-6 FEBRUARY 2015

Alternative Session – Belgian National Law

Friday 6th February 2015
National Conference in French

This session is held in parallel with the sessions about the foreign laws. This allows for Belgian practitioners to change from session to session according their interest. There will be a quick synthesis of European and international questions for those who won’t have the possibility to participate on the first day of the international session. The presentation and the texts will be in French without simultaneous translation.

The Belgian case

The law on the continuity of companies has been seriously reviewed by the law of the 27th of May 2013. One year after irs implementation by judges, lawyers and creditors, maybe it’s time to evaluate the mechanisms adopted, since the number of bankruptcies and related job losses continues to rise.
Several questions are at the centre of numerous judicial debates and the work will gather the comments of the practitioners will bring forward the practice and the jurisprudence.
Within the framework of a Conference on international issues, it will be necessary to question the adjustment of Belgian law to the international legislative framework.

The conference and the book will contain an analysis and an evaluation of the law as well as it will analyse specific questions. New subjects like the acquisition of companies in difficulty by Chinese institutions, the funding of companies in difficulty by banks after Basel II and III, the intervention of public investments, the question of competition law and state aid, the question of failure of the LBO assembly, the consequences of the new law about securities in the light of bankruptcy procedure, the validity of implemented alternative funding, the implementation of out of the court or pre packaged sales procedures especially in transfer of company, the responsibility of professionals in figures in the establishment of annexes to the application, … will be examined … and departing from cases experienced by practitioners.

The book will give the judges special emphasis: what roles do the delegated judges have and what about the court facing international questions and such concerning competition law? What controls should they apply?

The role of creditors and workers will also be subject to a critical examination.

The third volume of +/- pages will comprise practical contributions and critique.


Morning Chairman : Ivan VEROUGSTRAETE

09:00 – 09:40State of the application of Regulation 1346/2000 and perspectives
Yves BRULARD – Lawyer, DBB Brussels

09:40 – 10:10The role of the delegated judge in the national and European procedure
Arnaud DE MOOR – Judge at the Commercial Tribunal in Brussels

  1. The role of the delegated judge on national level
  2. The role of the delegated judge on international level

10:10 – 10:40State of the application of the regulation 1346/2000 in Belgium and perspectives
Vinciane RUELLE – Lawyer at DBB Brussels

  1. Project of the new regulation: content and state of the procedure
  2. Review of Belgian jurisprudence

10:40 – 11:00Coffee break

11:00 – 11:40Evaluation of collective agreements procedures
Olivier HAENECOUR  and Gérard MARTIN – Lawyers, Meritius, Mons, Bruxelles

  1. Preparation of the plan and the roles of the experts
  2. Effect of legal modifications of the plans
  3. Role of the revisor of the accounting expert – annexes to the application – responsibility
  4. Position of the public creditors

11:40 – 12:20Evaluation of the transfer procedure
Gérard LEPLAT – Lawyer at Cabinet Waterlaw, Waterloo

  1. Evaluation of the practice and the new rules
  2. Corporate mediation and pre-negociated solutions
  3. Proof of sustainably activity: role of the revisor
  4. New practices of courts: experteses

12:20 – 12:50Managing reorganization procedures of groups? Mainly the LBO?
Olivier SCHMITZ – Lawyer at Bastogne, attorney-in-fact, former Bar President

  1. Problems related to groups and LBO’s
  2. The transnational management of LBO’s

12:50 – 13:10Debate and Questions

13:10 – 14:15LUNCH

Afternoon Chairman: Michèle GREGOIRE

14:15 – 14:40Address by Koen GHEENS- minister of justice

14:40 – 15:20Ex post judicial review
Dejan SAVATIC – President, Commercial Court Nivelles

  1. The intervention of the court after PRJ
  2. Continuity after PRJ: a reality?

15:20 – 15:50The rights of creditors
Michèle GREGOIRE – Professor at ULB, lawyer at the Court of Cassation, Brussels

  1. The new securities in insolvability law
  2. Modern techniques of debts security: the contribution of foreign techniques

16:00 – 16:25Coffee break

16:25 – 17:00Evaluation procedures of amicable settlements and collective agreements
Bruno BERGER-PERRIN – Lawyer at law firm FIDAL, former President of the Bar Hauts-de-Seine, former member of the National Bar Council

  1. Brief review of French procedures and evaluation of these
  2. Rescue: effects and effectiveness

17:00 – 17:30SYNTHESIS
Ivan VEROUGSTRAETE – Honorary President of the Belgian Supreme Court

What would be the necessary reforms of the Belgian Act under the new regulation?
Should an international regime be incorporated in insolvency laws?
How to enable cooperation between practitioners and between courts?

17:30 – 18:00Debates