June 2019
Entry into force of the new Code of Companies and Associations
On 30 April 2019, the Royal Decree of 29 April 2019 implementing the Companies and Associations Code was published in the Belgian Official Gazette. The new code, composed of 9 books and written in the spirit of simplifying the corporate landscape, came into force on 1 May 2019 and applies immediately to new legal entities from that date. For existing legal entities, a transition period has been set up. Except in the case where legal entities have decided to comply with the Code before (opt-in), the Companies and Associations Code will apply from 1 January 2020 as regards mandatory provisions. For the rest, legal [...]
« Airbnb » is an information society service
Following a complaint against X, the Paris Public Prosecutor's Office issued an introductory indictment for violations of French law regulating the practice of real estate professionals ("Hoguet" law). The French investigating judge referred questions to the ECJ for a preliminary ruling as to whether the services provided in France by Airbnb Ireland, via an electronic platform operated from Ireland, benefit from the freedom to provide services provided for by the Directive on electronic commerce and whether the Hoguet Act is enforceable against Airbnb. The Advocate General proposes that the ECJ consider that a service consisting in putting potential tenants in contact with landlords [...]
The Council of the European Union approves the new European Regulation promoting fairness and transparency for companies using online platforms
On 14 June 2019, the EU Council approved the new European Regulation promoting fairness and transparency for companies using online intermediation services. The new Regulation starts from two main observations. First, some online platforms enjoy greater bargaining power, which can lead them to behave unfairly towards companies that depend on them for access to new business opportunities. Secondly, consumers often rely on the ranking of websites in search engine results, without these companies being subject to transparency requirements in this area. The new Regulation will require online intermediation platforms to make their general terms and conditions easily accessible, clear and comprehensible and to enable [...]