Belgium

Belgium applies a layered system combining EU regulations, international conventions, and domestic law. The applicable framework depends on whether the judgment originates from an EU Member State or a non-EU jurisdiction.

What are the main international treaties or conventions that apply?

EU judgments

• Recast Brussels Regulation (Regulation (EU) 1215/2012) — applies to proceedings instituted on or after 10 January 2015.
• Brussels Regulation (Regulation (EC) 44/2001) — applies to earlier proceedings.
• Other relevant EU instruments include:
  • European Enforcement Order Regulation (805/2004);
  • European Payment Order Regulation (1896/2006);
  • European Account Preservation Order Regulation (655/2014);
  • Insolvency Regulation (1346/2000); and
  • Recast Insolvency Regulation (2015/848).

International conventions

• New Lugano Convention (2007) — between EU and Switzerland, Norway and Iceland.
• Hague Choice of Court Convention (2005) — applies where there is an exclusive jurisdiction clause.
• Hague Judgments Convention (2019) — not yet widely ratified but relevant for future enforcement.

What legal principles apply if there is no applicable international treaty or convention?

The Belgian Code of Private International Law (“PIL Code”) governs recognition and enforcement of non-EU judgments where no treaty applies. Under the PIL Code:

• enforcement requires an exequatur (declaration of enforceability) by a Belgian court; and
• the court does not review the merits but verifies compliance with mandatory conditions and absence of grounds for refusal (e.g. public policy, due process, jurisdiction).

Requirements

Jurisdiction of the foreign court

For non-EU judgments, Belgian courts may refuse enforcement if the foreign court assumed jurisdiction solely based on the defendant’s presence or assets without a direct link to the dispute (Article 25, PIL Code).

For EU judgments, jurisdiction is generally not reviewed except where the judgment conflicts with exclusive jurisdiction rules under the Recast Brussels Regulation (e.g. insurance, consumer, employment contracts).

Service of proceedings

EU judgments. Enforcement can be refused if the judgment was given in default of appearance and the defendant was not served in sufficient time and in a way that enabled them to arrange their defence (Article 45, Recast Brussels Regulation).

Non-EU judgments. Lack of proper service may amount to a violation of the right to a fair trial and due process, which is a ground for refusal under the PIL Code.

Finality and enforceability. The judgment must be enforceable in the state of origin. Whether it must be final depends on the law of that state. Belgian courts can postpone enforcement if the judgment is under review or the appeal period has not expired.

Time limits

• For domestic judgments, enforcement must be initiated within 10 years from the date of the judgment (Article 2262 bis, Civil Code).
• For foreign judgments, the limitation period is that of the state of origin.
• Other requirements:
  • For non-EU judgments, an exequatur is required (Articles 23–28, PIL Code).
  • Documents must include a certified copy of the judgment, proof of enforceability, and translations if necessary.

Key defences

• Public policy. Enforcement will be refused if recognition is manifestly contrary to Belgian public policy. It is rarely applied in commercial matters; mostly relevant in family or procedural law.
• Violation of due process. For example, denial of the right to be heard or improper service.
• Irreconcilable judgments. Enforcement is refused if the foreign judgment conflicts with an earlier domestic judgment or an earlier foreign judgment enforceable in Belgium.
• Lis pendens. If proceedings were already pending in Belgium between the same parties and for the same cause of action.
• Exclusive jurisdiction. Belgian courts will refuse enforcement if they had exclusive jurisdiction over the dispute.

Legal principles

Belgium is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958):

• this convention applies to awards made in the territory of another contracting state; and
• enforcement is governed by Articles 1719–1723 of the Belgian Judicial Code, which incorporate the New York Convention principles.

Key principles are:

• the enforcing court does not review the merits of the arbitral award; and
• recognition and enforcement can only be refused on the limited grounds set out in the New York Convention and Belgian law.

Defences to enforcement

Enforcement may be refused if:

• the arbitration agreement was invalid under the law chosen by the parties or under the law of the country where the award was made;
• the party against whom the award is invoked was not given proper notice of the arbitration or was otherwise unable to present its case (violation of due process);
• the award deals with a dispute not contemplated by or beyond the scope of the arbitration agreement;
• the composition of the arbitral tribunal or the procedure was not in accordance with the parties’ agreement or, failing such agreement, with the law of the seat of arbitration;
• the award is not yet binding or has been set aside or suspended by a competent authority in the country of origin; or
• recognition or enforcement would be contrary to Belgian public policy.

Belgian courts apply these grounds restrictively, and public policy is rarely invoked in commercial matters.

Court fees

Non-EU judgments. Enforcement requires an exequatur application before the court of first instance. Fees are minimal and no security for costs is required.

EU judgments. No exequatur or special procedure is needed under the Recast Brussels Regulation and enforcement costs are limited to bailiff fees and any translation costs.

Arbitration awards. The recognition and enforcement under the New York Convention involves standard court fees for filing the application.

Duration

Non-EU judgments. The exequatur procedure is ex parte and typically takes about three weeks, though delays may occur during judicial holidays.

EU judgments. Enforcement is immediate once the required documents (judgment copy and certificate under Article 53 of the Recast Brussels Regulation) are provided.

Arbitration awards. Timing depends on complexity but generally similar to non-EU judgment enforcement.

Competent courts

Non-EU judgments. Courts of first instance have exclusive jurisdiction (Article 23, PIL Code) and competence is based on the debtor’s domicile or the place of enforcement.

EU judgments. No judicial declaration is required and enforcement is carried out by bailiffs under Belgian law.

Arbitration awards. Applications are filed before the Court of First Instance.

Appeal rights

Non-EU judgments. A decision granting or refusing exequatur can be appealed before the Court of Appeal. The appeal must be filed within one month from service of the decision (Article 1051, Judicial Code).

EU judgments. There is no exequatur procedure, so no appeal against recognition, however, enforcement measures themselves can be challenged before the judge of attachments (juge des saisies/ beslagrechter).

Arbitration awards. A decision granting or refusing enforcement of an arbitral award can be appealed under the same rules as for foreign judgments.

Effect of appeal on enforcement

Non-EU judgments. Filing an appeal does not automatically suspend enforcement unless the court orders a stay. The debtor may request suspension of enforcement pending appeal.

EU judgments. Enforcement can proceed immediately. Challenges before the judge of attachments do not suspend enforcement unless the judge orders otherwise.

Domestic judgments. Judgments are enforceable even if appealed, unless the judgment explicitly states otherwise or the court grants a stay.

Available information gathering measures

Bailiff-led enquiries (pre-enforcement and during enforcement). Enforcement in Belgium is executed by a judicial officer (bailiff). Once you instruct a bailiff (with the enforceable title and required documents), they can:

• serve the judgment with an order to pay and, if unpaid, proceed to attachments (conservatory or executive); and
• target assets via garnishment (e.g. bank accounts or receivables) and real estate/movables through attachment and sale.

In practice, bailiffs leverage information obtained during service and from third parties (e.g. employers, banks, customers) when effecting garnishments.

Third-party garnishment as an investigative lever. A conservatory or executive garnishment on a third party (for example, a bank or a key account debtor) compels that third party to declare what they owe or hold for the judgment debtor. This mechanism both freezes assets and reveals asset information (account presence/balances, receivables, etc.).

Public registers and filings. Creditors (often via the bailiff) consult publicly accessible sources to locate assets or income streams, including:

• company registers (statutory seat, directors, annual accounts for financial signals);
• land/real estate registers (ownership and encumbrances); and
• insolvency/bankruptcy notices (to gauge collectability and procedural constraints).

Proceedings before the judge of attachments. The judge of attachments has jurisdiction over disputes relating to enforcement measures. While this judge does not order general discovery on the merits, conservatory measures authorised by the judge can be used proactively to identify and preserve assets (see also Question 7, below).

Sanctions and consequences for non-compliance

Debtor non-cooperation. Belgian enforcement does not rely on broad discovery sanctions; instead, non-cooperation is addressed through coercive enforcement (attachments, seizures, judicial sale) and recovery of execution costs (borne by the debtor). If the debtor obstructs enforcement in bad faith, the creditor can seek appropriate procedural remedies before the judge of attachments (e.g. validation/continuation of measures, allocation of costs).

Third-party (garnishee) obligations. A garnishee (e.g. a bank or debtor of the judgment debtor) must respond truthfully to the bailiff’s questions and declarations linked to the garnishment. Failure to comply or false declarations can expose the third party to liability for the amount that should have been withheld/paid under the garnishment, as well as cost consequences. The judge of attachments can be seized to compel compliance and adjudicate disputes.

Costs and interest. Execution costs (notably bailiff fees) are generally borne by the judgment debtor, unless that would be unreasonable in the circumstances. Contractual or statutory interest continues to accrue as provided in the enforceable title.

Available interim measures

Conservatory attachment (saisie conservatoire/bewarend beslag). This is the primary interim measure under Belgian law to secure assets before or during enforcement proceedings. It can be applied to bank accounts, receivables, movable property, and real estate. The measure freezes assets but does not transfer ownership; the debtor cannot dispose of the attached assets.

Judicial authorisation. Conservatory attachment generally requires prior authorisation from the judge of attachments (juge des saisies/beslagrechter). The judge verifies urgency and the existence of a prima facie enforceable claim. For certain claims (e.g. based on an enforceable judgment or authentic instrument), authorisation may not be required.

Cantonment (consignation). A debtor may deposit the amount claimed with the Caisse des Dépôts et Consignations (Deposito- en Consignatiekas) to suspend or prevent enforcement measures. This acts as a guarantee pending appeal or opposition proceedings.

Territorial limits

Interim measures ordered by Belgian courts apply only within Belgium. For cross-border enforcement within the EU:

• The European Account Preservation Order Regulation (655/2014) allows creditors to freeze bank accounts in other EU Member States without prior notice to the debtor.
• Outside the EU, interim measures depend on the law of the foreign jurisdiction; Belgian courts cannot impose measures abroad.

Bank accounts

Enforcement is carried out by executive attachment (saisie-exécution/uitvoerend beslag). The bailiff serves a garnishment order on the bank, freezing the debtor’s accounts. The bank must disclose the existence and balance of accounts and transfer funds to the bailiff for distribution to the creditor. Conservatory attachment can be used before recognition to secure funds.

Shares

Shares in Belgian companies can be attached and sold through judicial auction. The bailiff serves the attachment on the company and registers it in the shareholders’ register. Restrictions may apply for listed shares or shares subject to transfer limitations under corporate law.

Debts due to the judgment debtor from third parties

Garnishment (executive or conservatory) is the standard method. The bailiff serves the garnishment order on the third party (e.g. a customer or business partner), who must declare the amount owed and pay it to the bailiff instead of the debtor.

Real estate

Real estate is attached through an executive attachment followed by judicial sale. The bailiff registers the attachment in the land registry and serves notice on the debtor. The sale is conducted under court supervision, and proceeds are distributed according to statutory ranking rules.

Movable property

Movable assets (vehicles, equipment, inventory) can be seized by the bailiff and sold at public auction. The bailiff inventories the assets and serves notice on the debtor. Certain items are exempt from seizure (e.g. essential household goods).

Belgian enforcement law is based on the principle that only assets legally owned by the judgment debtor can be seized. Assets that are merely beneficially owned but registered under another person’s name cannot be attached unless the creditor proves that the legal title is a sham or that the third party is acting as a nominee for the debtor. In such cases, the creditor may initiate fraudulent conveyance proceedings (actio pauliana) or rely on piercing the corporate veil principles if the debtor uses a company structure to shield assets. These actions require separate litigation and cannot be resolved within standard enforcement proceedings.

Yes, Belgian law permits enforcement against jointly owned assets, but only to the extent of the debtor’s share. The bailiff can attach the asset, but the third party’s rights must be preserved. This typically means:

• the asset may be sold, and the proceeds are divided proportionally between the debtor and the co-owner; and
• alternatively, the co-owner can pay the debtor’s share to avoid sale.

For real estate, the attachment is registered, and the judicial sale will allocate proceeds according to ownership shares. For bank accounts, if the account is jointly held, enforcement is limited to the debtor’s presumed share (often 50%, unless proven otherwise). Disputes about ownership or shares are resolved by the judge of attachments.