Joris Deene
Anyone who processes personal data without valid consent risks a fine from the Data Protection Authority (GBA). But what if the database in question hasn't been used for years by the time the...
Can a magazine reproduce a well-known comic book character and invoke the parody exception?
A drawing that reproduces a world-famous comic book character almost identically and dresses him in a Nazi uniform is not a parody under copyright law. That was the ruling of the president of the French-speaking...
Does a biosimilar automatically infringe on the formulation patent of the original drug?
A biosimilar is developed to be therapeutically equivalent to an existing reference drug. Does that equivalence mean, then, that the biosimilar infringes on a patent held by the manufacturer of the formulation...
Can the data protection authority dismiss a complaint because legal proceedings are already underway?
Anyone who believes that their personal data has been processed unlawfully has two options: filing a complaint with the supervisory authority and bringing a civil lawsuit. But what if the data subject pursues both options at the same time...
Is it permissible for a politician to share inside information with the press in order to foster public debate?
An opposition politician who reveals the impending privatization of a publicly traded state-owned company during a radio interview: does he thereby violate the prohibition on disclosing insider information? In the ruling of 18...
Is it acceptable for a far-right magazine to feature a children’s book character on its cover as a ‘parody’?
No. The presiding judge of the French-speaking Court of First Instance in Brussels ruled, as in the preliminary injunction proceedings on May 28, 2025, that a magazine that reproduced the cover of a well-known children’s book almost identically and added its own...
In which court can you file a lawsuit against a foreign TV series that damages your reputation?
Anyone who feels offended by a television series broadcast in several countries would prefer to bring the case before a court in their own country. On June 18, 2026, the Court of Justice (C-232/25)...
Is a mocking video about a police officer on TikTok a case for the assize court?
Anyone who posts a mocking video of a police officer on social media and writes insulting comments beneath it may be committing a crime. But which court will that person appear before? The Court of Appeals in...
Is the bank’s obligation to reimburse victims of phishing sufficient grounds to initiate summary proceedings?
Anyone who falls victim to an unauthorized payment transaction wants their money back quickly and points to the bank’s legal obligation to provide an immediate refund. But does that legal requirement for immediacy...
Is a termination fee in a contract between businesses an unfair term?
Anyone who hires a service provider and terminates the contract early may sometimes face a hefty early termination clause. Is this permissible between businesses, or is such a clause void as an unfair term? The French-speaking...
Is a parent allowed to search the other parent’s emails to gather evidence of a crime?
In principle, anyone who searches through another person’s private messages is acting unlawfully. However, that does not automatically mean that evidence obtained in this manner will be excluded from criminal proceedings. In a ruling dated May 26, 2026, the court held...
Can an employer respond to a request for access by saying, “Come view the documents here on-site”?
An employee requests a copy of his own performance records based on his right of access. The employer does not explicitly refuse, but invites him to come in and review the documents on-site, by appointment...
Can a judge rule that a lawsuit is a SLAPP suit even though the European rules have not yet been implemented?
A lawsuit that is not intended to enforce a right but to silence an opponent is called a SLAPP. On June 4, 2026, the Court of First Instance in Antwerp, Antwerp Division, ruled that...
Does the bank have to reimburse the customer first in the event of a phishing attack, even in cases of gross negligence?
Anyone who falls victim to phishing and suddenly finds money missing almost always gets the same response from the bank: you were grossly negligent, so we won’t reimburse you. The president of the commercial court...
Can a provisional injunction remain in force if the successful party never brings the matter before the judge on the merits?
Those who seek injunctive relief against an alleged infringement of a trademark or other intellectual property right sometimes seem to think that this settles the matter once and for all. But the Court of Justice ruled ...
May a co-owners association install surveillance cameras without the consent of all residents?
One co-owner opposes the six surveillance cameras in his residence's shared courtyard and garage. However, a large majority of the co-owners vote to keep them. The...
May a company re-file the same trademark to circumvent the use requirement?
Anyone who registers a trademark is given five years to actually use that mark. Some trademark owners try to avoid that obligation of use by registering the same mark again just before the end of that period....
May a company record phone calls in a call center for quality control?
Recording and listening to customer conversations to assess service quality and coach employees is allowed in principle, but only under strict conditions. The Disputes Chamber of the...
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