ALTIUS
Europe Guide 2024
About
Partners: Marie Brasseur, Kirian Claeyé, Philippe de Jong, Sven Demeulemeester, Philippe De Wulf, Grégory Ernes, Alexander Hansebout, Bart Heynickx, Lieven Peeters, Christophe Ronse, William Timmermans, Gerrit Vandendriessche, Stijn Van Schel, Tom Vantroyen, Carmen Verdonck, Jérôme Vermeylen, Olivier Vrins
Number of partners: 17
Number of other lawyers: 65
Firm Overview:
ALTIUS is one of the largest Belgian independent law firms. Established in Brussels, the firm advises Belgian and international companies on the legal aspects of transactions, projects and disputes. For all tax related issues, ALTIUS maintains an operational relationship with the niche firm Tiberghien.
ALTIUS helps its clients navigate through often-complex legislation and regulatory environments and provide clear solutions to a wide range of legal issues. In addition to its specialist legal knowledge, ALTIUS focuses on thinking creatively with its clients to offer tailor-made solutions. ALTIUS’s aim is to turn, through careful listening and awareness, strategic questions into clear, straightforward answers.
Main Areas of Practice:
Corporate & M&A: The team covers a broad range of national and international transaction-related legal services to companies in various industry sectors. The team has an impressive track record in both national and cross-border mergers and acquisitions and divestments, auctions, joint-ventures, corporate real-estate transactions and corporate restructurings.
IP: The team advises key players in the pharmaceuticals, biotechnology, agri-food, healthcare, media and entertainment industries. In addition to an extensive track record of representing clients in complex patent litigation and illicit trade matters, it has substantial experience in dealing with Belgian and EU regulatory issues, including data exclusivity, pricing and reimbursement, advanced therapies, repackaging of parallel-imported products, clinical trials, advertising and the marketing of food and plant reproductive materials. The team also has extensive experience in trademarks, trade and domain names, copyright, software and database rights, geographical indications and designations of origin, industrial designs, trade secrets and know-how.
Life Sciences: The team has a proven track record advising clients on contentious and non-contentious matters in the life sciences and healthcare industries, especially regarding intellectual property and data protection, marketing of medicinal products, pricing and reimbursement and medical devices.
Banking & Finance: The team focuses on pure banking and finance work such as leveraged and acquisition finance, project finance, capital markets, structured commodities, export finance, asset finance, asset-backed securities and financial services. It has particularly strong relationships with international banks and financial institutions. It also handles restructuring and bankruptcy issues and other insolvency procedures.
Commercial: The team has developed solid experience in commercial agreements, trade practices, consumer protection, advertising, labelling and unfair competition practices. It regularly assists Belgian and international clients in the development of complex networks and modes of distribution, taking into account the Belgian and European laws regulating distribution, agency, franchising, distance selling and e-commerce.
Dispute Resolution: The team covers all the aspects of dispute resolution, including arbitration and alternative dispute resolution, enforcement of foreign judgements and arbitral awards, corporate litigation. Its lawyers are qualified to appear before the Belgian courts and the Court of Justice of the European Union.
Competition: The team has an excellent reputation in all aspects of competition law including merger control, joint-ventures, cartel investigations, the establishment and operation of distribution systems, the licensing and use of intellectual property rights and abuses of dominant positions. It also provides assistance during dawn-raids and in the setting–up of compliance programmes and trainings.
Sports: The team assists clients with highly specialised advice and legal services based on a sound knowledge of the regulations of the various national and international sports federations and their specific arbitration procedures.
ICT: The team assists hardware manufacturers, software developers, system integrators, e-commerce players, telecommunications operators and suppliers of other ICT-related services, such as consulting, support and maintenance services. It advises on data protection, ICT contracts and e-commerce, digital signatures, trade practice matters, including (online) advertising and general commercial law.
Employment: The team works with Belgian and international clients on all sorts of employment-related issues and offers day to day advice on the employment law aspects of running a business in Belgium. It has a particularly good reputation for handling cross-border employment, service agreements, collective labour law, collective dismissals, the employment law consequences of the winding up of companies and employment law litigation.
Real Estate: The team advises a wide range of clients on all matters of real estate law, also on zoning, permits, PPP, public procurement and litigation. Its expertise ranges from stand-alone office buildings, shopping centres and logistics centres to niche products such as senior citizen housing, healthcare facilities, hotels and sports and leisure centres.
Regulatory: The team specialises in regulatory matters and administrative law, including zoning, energy and environmental law, public procurement and PPP. The team also handles litigation regarding real estate and administrative law, and represents clients before the ordinary courts, the Constitutional Court and the Council of State.
Insolvency & Restructuring: The team assists clients with various issues of insolvency law and in the context of restructurings. It advises clients in obtaining judicial protection, taking over assets and businesses in going concern from companies under judicial protection. It also has experience in defending clients’ interest when business partners are on the verge of insolvency or are applying for judicial protection against creditors. It also handles recovering claims from companies under judicial protection or bankrupt companies.
Ranked Offices
Provided by ALTIUS
- BrusselsTour & Taxis Building, Havenlaan 86C, Box 414, Avenue du Port, Brussels, Brussels Capital Region, Belgium, 1000
- Web: www.altius.com
- Tel: +32 2 426 1414
- Fax: +32 2 426 2030
- View ranked office
ALTIUS rankings
Articles, highlights and press releases
38 items provided by ALTIUS
BCA fines kitchen accessories company Le Creuset for resale price maintenance
The Belgian Competition Authority has fined Le Creuset EUR 490,112 for having implemented a resale price maintenance policy.
EU citizens rally for medical cannabis but face a rigid European Commission
In the EU, access to medical cannabis is a matter of national policy. A group of citizens wants to change that by leveraging a citizens’ initiative and prompting the European Commission to act.
The authors of Ravel’s Boléro: Towards a revival of copyright in the Basque composer’s masterpiece?
Ravel’s most famous score officially became free of rights on 1 May 2016. However, the civil court of Nanterre might soon decide that it is to return to the private domain.
Changes in the law on marketing of veterinary medicines: what you need to know
In this blog post, we provide an overview of the key changes related to the marketing of veterinary medicines set out in Chapters 4 and 14 of the new Law.
EU Court of Justice: Parallel importer may not remove PPP batch number
This blog post mainly focuses on the CJEU’s findings regarding the responsibility of parallel importers for ensuring the display of the original batch number on the product packaging.
2023 began with the end of Jacques Steenbergen’s mandate as president of the BCA.
2023 Belgian Competition Law round-up
Three changes in Belgian food law in 2023
In this short article, we look at three developments in Belgian food law that have taken place in 2023: the amendments to the Food Safety Agency’s administrative fining regime, the introduction of nutrivigilance, and the announced revision of the food hygiene legislation.
Extension of the Belgian Reconciliation Procedure
Following the Act of 19 December 2023 (published on 27 December 2023), the legislator has introduced a reconciliation procedure in the commercial and labour courts as well as in the courts of appeal.
Three changes in Belgian food law in 2023
In this short article, we look at three developments in Belgian food law that have taken place in 2023: the amendments to the Food Safety Agency’s administrative fining regime, the introduction of nutrivigilance, and the announced revision of the food hygiene legislation.
Franchise network benchmark: 5 principles to bear in mind for a good reporting clause
In this blog post, we highlight 5 essential principles that need to be taken into account when drafting a reporting clause for benchmarking purposes that would be considered reasonable, relevant and valid under Belgian law.
The 5 major changes in Belgian pharma law of 2023
Both the Belgian legislator and government have played an active role in 2023 when it comes to pharma legislation, which has led to a number of changes in the legal framework. In this article, we look back and discuss five noteworthy developments in Belgian pharma law.
Two changes in Belgian food law in 2023
Food law is extensively harmonized throughout the EU, but national law still has a role to play. In this short article, we look at two developments in Belgian food law that have taken place in 2023.
Belgium’s Harmonic Discord on related rights
For the first time, the CJEU has been asked to clarify the temporal applicability of the right to “appropriate and proportionate remuneration” laid down in Article 18 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”).
Belgium aims for hospitals to increase their biosimilars uptake
Despite many initiatives by the (former) Minister of Health, the uptake of biosimilars in Belgium has remained rather low. In this blog, we summarise the new rules, which apply since 2 October 2023.
Is your company ready for the Whistleblowers Act?
After companies with at least 250 employees have already had to do so, it is now the turn of companies with at least 50 employees to set up an internal reporting channel as the 17 December 2023 deadline rapidly approaches.
The BCA terminates its proceedings against Proximus following the divestiture of EDPnet to Citymesh
On 6 November 2023, the Belgian Competition Authority (“BCA”) announced that it had closed its investigation into a possible abuse of dominance by Proximus following the sale of EDPnet to Citymesh.
The BCA publishes a specific analytical framework for hospital concentrations
This article is an updated version of our previous article on the uncertainty regarding hospital merger control, which focused on the BCA’s decision of 28 June 2023.
New product liability regime on the way
The European Commission published a draft proposal for a revised Product Liability Directive (the “PLD Proposal”) on 28 September 2022, which aims to bring the European Union’s product liability regime ‘up to speed’ with the digital age, circular economy business models and global value chains.
The BCA has declared itself competent to examine mergers and acquisitions
On 28 June 2023, the BCA decided to partially lift the stand-still obligation regarding a concentration between two hospitals, and it further clarified the applicable rules in a follow-up Communication of 14 July 2023.
New insolvency landscape on the horizon: more options for companies to reorganise and restructure
Several amendments are being made to (among others) Book XX of the Belgian Economic Law. The main amendments are briefly discussed below.
The fight against social dumping
In the aftermath of some highly-publicised social dumping cases in the media, the Flemish government has proposed a zero tolerance policy for bogus posting set-ups involving illegal employment, especially if they involve exploitation and “smart” contractor chain constructions.
Belgian Supreme Court rules on the consequences for commercial lease agreements of the lock-downs
The Supreme Court overruled a decision that determined that Article 1722 (old) Civil Code does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic.
Hi ChatGPT, how do you feel about the upcoming EU AI Act?
On 14 June 2023, the European Parliament adopted its position on the draft AI Act, which brings one step closer an EU regulation for generative AI and other AI systems. This blog gives the highlights of the current draft text, taking into account the newest amendments that have been proposed.
Psychosocial risks and discrimination at work: a ‘wind of change’ since 1 June 2023!
The rules governing discrimination and psychosocial risks at work have been revised to bring them in line with European legislation and the European Court of Justice’s recent case law.
Belgian Medicines Agency announces stricter monitoring of negative formulations on medicines packagi
On 17 May 2023, the Belgian Medicines Agency (FAMHP) announced that marketing authorisation holders (MAHs) have three years to comply with the prohibition of “negative formulations” on the packaging of medicinal products for human use.
CJEU interprets the concept of a global MA strictly
On 16 March 2023, in Joined Cases C‑438/21 P to C‑440/21 P, the Court of Justice of the European Union (CJEU) interpreted the concept of a ‘global marketing authorisation’.
The Arbitrability of Distributorship Law Disputes in Belgium: a reversal of case law
On 7 April 2023, the Belgian Cour de Cassation reversed its long standing case law and decided that (from now on) disputes concerning the termination of exclusive distribution agreements are eligible to be settled by arbitration.
EU harmonizes THC limits in hemp seed (food) as from 1 January 2023 – Update Belgium
The EU regulator has harmonized the maximum levels for tetrahydrocannabinol (THC) in hemp seeds throughout the Union within the food contaminants framework. This EU harmonization puts pressure on conservative national food laws such as the Belgian Royal Decree of 31 August 2021.
EU Parliament passes sweeping due diligence rules on deforestation-free supply chains for products
An EU Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation (“Deforestation Regulation”) was agreed upon by the EU legislators in December 2022.
The BCA reimposes the same fine on Caudalie after its first decision was was quashed by the BMC
On 18 January 2023, the Belgian Competition Authority (“BCA”) reimposed a fine of EUR 859,310 on three undertakings of the Caudalie group for imposing retail prices and restricting active and passive sales.
BCA fines kitchen accessories company Le Creuset for resale price maintenance
The Belgian Competition Authority has fined Le Creuset EUR 490,112 for having implemented a resale price maintenance policy.
EU citizens rally for medical cannabis but face a rigid European Commission
In the EU, access to medical cannabis is a matter of national policy. A group of citizens wants to change that by leveraging a citizens’ initiative and prompting the European Commission to act.
The authors of Ravel’s Boléro: Towards a revival of copyright in the Basque composer’s masterpiece?
Ravel’s most famous score officially became free of rights on 1 May 2016. However, the civil court of Nanterre might soon decide that it is to return to the private domain.
Changes in the law on marketing of veterinary medicines: what you need to know
In this blog post, we provide an overview of the key changes related to the marketing of veterinary medicines set out in Chapters 4 and 14 of the new Law.
EU Court of Justice: Parallel importer may not remove PPP batch number
This blog post mainly focuses on the CJEU’s findings regarding the responsibility of parallel importers for ensuring the display of the original batch number on the product packaging.
2023 began with the end of Jacques Steenbergen’s mandate as president of the BCA.
2023 Belgian Competition Law round-up
Three changes in Belgian food law in 2023
In this short article, we look at three developments in Belgian food law that have taken place in 2023: the amendments to the Food Safety Agency’s administrative fining regime, the introduction of nutrivigilance, and the announced revision of the food hygiene legislation.
Extension of the Belgian Reconciliation Procedure
Following the Act of 19 December 2023 (published on 27 December 2023), the legislator has introduced a reconciliation procedure in the commercial and labour courts as well as in the courts of appeal.
Three changes in Belgian food law in 2023
In this short article, we look at three developments in Belgian food law that have taken place in 2023: the amendments to the Food Safety Agency’s administrative fining regime, the introduction of nutrivigilance, and the announced revision of the food hygiene legislation.
Franchise network benchmark: 5 principles to bear in mind for a good reporting clause
In this blog post, we highlight 5 essential principles that need to be taken into account when drafting a reporting clause for benchmarking purposes that would be considered reasonable, relevant and valid under Belgian law.
The 5 major changes in Belgian pharma law of 2023
Both the Belgian legislator and government have played an active role in 2023 when it comes to pharma legislation, which has led to a number of changes in the legal framework. In this article, we look back and discuss five noteworthy developments in Belgian pharma law.
Two changes in Belgian food law in 2023
Food law is extensively harmonized throughout the EU, but national law still has a role to play. In this short article, we look at two developments in Belgian food law that have taken place in 2023.
Belgium’s Harmonic Discord on related rights
For the first time, the CJEU has been asked to clarify the temporal applicability of the right to “appropriate and proportionate remuneration” laid down in Article 18 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (“DSM Directive”).
Belgium aims for hospitals to increase their biosimilars uptake
Despite many initiatives by the (former) Minister of Health, the uptake of biosimilars in Belgium has remained rather low. In this blog, we summarise the new rules, which apply since 2 October 2023.
Is your company ready for the Whistleblowers Act?
After companies with at least 250 employees have already had to do so, it is now the turn of companies with at least 50 employees to set up an internal reporting channel as the 17 December 2023 deadline rapidly approaches.
The BCA terminates its proceedings against Proximus following the divestiture of EDPnet to Citymesh
On 6 November 2023, the Belgian Competition Authority (“BCA”) announced that it had closed its investigation into a possible abuse of dominance by Proximus following the sale of EDPnet to Citymesh.
The BCA publishes a specific analytical framework for hospital concentrations
This article is an updated version of our previous article on the uncertainty regarding hospital merger control, which focused on the BCA’s decision of 28 June 2023.
New product liability regime on the way
The European Commission published a draft proposal for a revised Product Liability Directive (the “PLD Proposal”) on 28 September 2022, which aims to bring the European Union’s product liability regime ‘up to speed’ with the digital age, circular economy business models and global value chains.
The BCA has declared itself competent to examine mergers and acquisitions
On 28 June 2023, the BCA decided to partially lift the stand-still obligation regarding a concentration between two hospitals, and it further clarified the applicable rules in a follow-up Communication of 14 July 2023.
New insolvency landscape on the horizon: more options for companies to reorganise and restructure
Several amendments are being made to (among others) Book XX of the Belgian Economic Law. The main amendments are briefly discussed below.
The fight against social dumping
In the aftermath of some highly-publicised social dumping cases in the media, the Flemish government has proposed a zero tolerance policy for bogus posting set-ups involving illegal employment, especially if they involve exploitation and “smart” contractor chain constructions.
Belgian Supreme Court rules on the consequences for commercial lease agreements of the lock-downs
The Supreme Court overruled a decision that determined that Article 1722 (old) Civil Code does not apply for the tenant that can not operate its premises due to the measures taken by the Belgian Government in order to prevent the spread of the COVID-19 pandemic.
Hi ChatGPT, how do you feel about the upcoming EU AI Act?
On 14 June 2023, the European Parliament adopted its position on the draft AI Act, which brings one step closer an EU regulation for generative AI and other AI systems. This blog gives the highlights of the current draft text, taking into account the newest amendments that have been proposed.
Psychosocial risks and discrimination at work: a ‘wind of change’ since 1 June 2023!
The rules governing discrimination and psychosocial risks at work have been revised to bring them in line with European legislation and the European Court of Justice’s recent case law.
Belgian Medicines Agency announces stricter monitoring of negative formulations on medicines packagi
On 17 May 2023, the Belgian Medicines Agency (FAMHP) announced that marketing authorisation holders (MAHs) have three years to comply with the prohibition of “negative formulations” on the packaging of medicinal products for human use.
CJEU interprets the concept of a global MA strictly
On 16 March 2023, in Joined Cases C‑438/21 P to C‑440/21 P, the Court of Justice of the European Union (CJEU) interpreted the concept of a ‘global marketing authorisation’.
The Arbitrability of Distributorship Law Disputes in Belgium: a reversal of case law
On 7 April 2023, the Belgian Cour de Cassation reversed its long standing case law and decided that (from now on) disputes concerning the termination of exclusive distribution agreements are eligible to be settled by arbitration.
EU harmonizes THC limits in hemp seed (food) as from 1 January 2023 – Update Belgium
The EU regulator has harmonized the maximum levels for tetrahydrocannabinol (THC) in hemp seeds throughout the Union within the food contaminants framework. This EU harmonization puts pressure on conservative national food laws such as the Belgian Royal Decree of 31 August 2021.
EU Parliament passes sweeping due diligence rules on deforestation-free supply chains for products
An EU Regulation on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation (“Deforestation Regulation”) was agreed upon by the EU legislators in December 2022.
The BCA reimposes the same fine on Caudalie after its first decision was was quashed by the BMC
On 18 January 2023, the Belgian Competition Authority (“BCA”) reimposed a fine of EUR 859,310 on three undertakings of the Caudalie group for imposing retail prices and restricting active and passive sales.