The Revised Class Action Regime in Belgium:

Harder, Better, Faster, Stronger?1

Belgium has had a (consumer) class action regime since 2014. The Law of 21 April 2024 implemented the 2020 Representative Actions Directive. Although the revisions were limited, the new rules have reformed some key parts of the regime: the scope of application was extended, there are new rules on standing, opt-in after a merits decision is now the default, and some procedural rules were streamlined and improved. In this paper an overview is given of the Belgian class action regime with particular attention to the 2024 revisions.

1. The RAD and the 2014 Belgian Class Action Regime        

In December 2020, the long-awaited Representative Actions Directive (RAD) was published.3 The Directive entered into force on 24 December 2020 and Member States have had to implement it by 25 December 2022. The RAD aims to ensure that consumers are able to protect their collective interests in the...

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Harder, Better, Faster, Stronger?[1]

1. The RAD and the 2014 Belgian Class Action Regime        

2. Class Action Prerequisites

2.1. Scope of Application

2.2. Standing

2.3. Superiority

3. Opt-In or Opt-Out

4. Procedure

4.1. Settlement Before the Proceedings

4.2. No Settlement Before the Proceedings

5. Collective Redress in Kind or by Monetary Payment

6. Enforcement Phase and Collective Claims Settler

7. Evaluation