Frequently asked questions

You are not obliged to hire a lawyer in many cases, but it is strongly recommended. Legal proceedings are bound by strict rules in the Judicial Code. These rules determine how and when litigation should take place: think about calendars of conclusions, formal requirements for documents or deadlines for lodging an appeal. Those who do not apply these rules correctly risk serious consequences such as procedural delays, inadmissibility of the claim or even loss of rights.

In commercial litigation, there is more involved than just pleading a case. A lawyer will analyse your case legally and factually, advise you on the strengths and risks of your position, draft the necessary procedural documents (such as subpoenas, briefs, bundles of documents), and argue the case in court according to the applicable rules.

In civil and commercial cases, your personal presence at the hearing is often not mandatory, unless the court expressly summons you. In most cases, you will be represented by a lawyer at the hearing.

However, your involvement remains important, even if you do not or cannot be physically present. Therefore, the course of the hearing, possible questions and events will be discussed well in advance.

If the builder makes changes that affect the planning or cost affect, it is important to make this change in writing. The contract should provide a procedure for change requests, with the builder agreeing in writing to the change and associated adjustments to the price and completion date. It is important to have a additional work allowance for such changes to be agreed, as well as any delays that may arise as a result. Make sure these changes are well documented to avoid future disputes.

Yes, the contractor remains responsible for carrying out the work even if a subcontractor is late. This can lead to delays and extra costs, but the contractor must still resolve the delay and meet the agreed deadline. Clear agreements with the subcontractor, including possible sanction mechanisms, are therefore essential to manage this risk.

Standard contracts are everywhere, but often do not provide the certainty they seem to promise. Many of these documents contain generic clauses that can be harmful in certain situations or simply do not fit a company's specific needs. It is our job to thoroughly evaluate these documents, identify the clauses that are relevant or risky for the client and suggest adjustments that actually fit the client's situation. Only through this tailor-made approach can a contract actually provide protection and avoid legal risks.

A watertight contract includes clear agreements on liability, payment terms and delivery. Also ensure confidentiality provisions , non-compete clauses and dispute resolution through the courts to properly direct legal proceedings. It is important to check that the contract complies with legislation in your sector and covers sector-specific risks. Engaging a specialised lawyer helps to protect your interests in the best possible way. After all, you are experts in your field, we in ours.

Yes. Not every FASFC report or official report automatically results in a fine or measure, but it can have serious consequences. It is important to have a timely check whether the findings are correct and legal, and whether there is room for defence or consultation with the Federal Agency for Food Safety. We will analyse the file and guide you in any objection procedure.

Yes, in the case of serious or repeated infringements, the FASFC may decide on a temporary closure. We consider whether that measure is legally justified, whether there is a possibility of appeal and how you can reopen as soon as possible.

Food supplements are subject to strict regulations, especially when it comes to health claims. A false statement on the packaging, on your website or on your Instagram or facebook can lead to warnings or penalties.

Not every determination requires immediate action, but some do. We help you assess what is legally required, what is negotiable and how to protect your rights as an operator.

Yes, but only under clear conditions. We check whether the fine imposed is justified, and how you can object to it or formulate an appropriate response.

Yes, in principle, producers must provide scientific evidence for the claims they make about the health benefits of their products. Claims must comply with European Food Safety Authority (EFSA) regulations and must not be misleading.

Claims about weight loss or muscle growth must be scientifically substantiated and must not be misleading. EU regulations require claims to be supported by evidence from the European Food Safety Authority (EFSA).

If a food supplement does not comply with Belgian or European regulations, the authority can take the product off the market, impose a fine, or ban its sale. It can also lead to reputational damage for the company.

No, you are not allowed to make medical claims such as "cures diseases" or "treats conditions". Dietary supplements are not medicines and may only claim general health benefits, without suggesting that they can treat or cure diseases. Unjustified claims can have legal consequences.

You must not make unsubstantiated or misleading health claims about your dietary supplements on Instagram. Claims suggesting that a supplement can cure, treat or prevent diseases are basically forbidden. This also applies to posts from influencers you may employ: they must also follow these rules to avoid having your account or ads removed.

If the FASFC imposes a recall that you feel is not justified, you can formulate the decision and make your position known to the competent authorities. It is crucial to provide well-founded evidence that the product does not pose a health risk. We can advise you on the right approach, gathering evidence and protecting your legal interests in this process.

If your customer disputes the invoice, it is important to respond quickly and correctly. As a business owner, you are obliged to respond to a dispute. Failure to do so may be considered by the court as tacit acceptance of the dispute.

It is important not to wait too long before engaging a lawyer when your client fails to pay the invoice. When it comes to a disputed invoice, it may be necessary to seek legal advice to determine the appropriate steps and discuss what can and cannot be answered. It is essential to put the right things in writing in the early stages, such as a notice of default, in which you make it clear that you disagree with the dispute.

If you want to terminate a contract early, you should first check whether there is a termination clause in the contract. Many contracts contain a clause describing the conditions and procedures for termination, such as a notice period or an early termination penalty. If there is no specific provision, the contract can usually only be terminated early if there is a serious breach of contract by the other party, such as repeated failure to pay, despite repeated notice.

In case of breach of contract (non-payment, non-compliance with agreed terms, etc.), the contract can usually be rescinded to the detriment of the defaulting party. In an initial notice of default, you give the other party a chance to still fulfil its obligations within a reasonable period. If the party has not acted after this deadline, you can dissolve the contract (judicial or extrajudicial). Make sure you follow the right legal steps and, if necessary, seek advice to minimise the risk of legal complications after termination.

To effectively enforce payment terms, include clear and specific payment terms in your contract. Make sure the contract specifies when payment is due, the consequences of late payment (such as interest or penalties), and how payment should be made. If a customer or supplier does not pay by the agreed date, start with a notice of default giving them a last chance to pay. If payment is still not forthcoming after that, you can subpoena the party to enforce payment through the courts.

That depends on the exact wording of the clause. A non-compete clause must be limited in time, activities and geographical area to be valid and enforceable. If the agreement only mentions a prohibition within a certain region, you are allowed to operate outside that region, unless otherwise stipulated. We will examine together whether the clause is legally valid, and to what extent you can continue your activities without risk of sanctions.

Yes, at a acquisition of shares of a company does not legally change anything about the company itself. This means that all existing contracts, such as a rental agreement, continue as usual. The company remains a tenant, you just become the new owner of that company. So be sure to check carefully how long the agreement is still valid and whether you can extend it. Do you want to be able to terminate or renegotiate the lease? Then you need to check that in advance and possibly arrange it contractually when you take over. The same applies to contracts with suppliers. Contact us for more info and points of interest.

It depends on the contractual arrangements. In the case of a share transfer, you basically take over the entire company, including all assets as well as liabilities. But this can be contractually excluded by means of a so-called "reps & warranties", i.e. a clause in which the seller makes statements about the company's condition and/or the assumes liability for errors or debts prior to the date of acquisition.

This can be done, but not just like that. In principle, a director can only be dismissed by the general meeting of shareholders. If you have the majority there, it can be relatively easy. If not, it depends on the articles of association and agreements between the shareholders. Sometimes court intervention is needed if the board is deadlocked or there is mismanagement.