Belgium's civil procedure rules have undergone a significant legislative overhaul. The amendments, which entered into force in early 2025, reshape how commercial disputes are initiated, managed, and resolved before Belgian courts. International companies with ongoing proceedings – or with disputes on the horizon – face concrete procedural risks if they continue operating under the old rules.
Belgium's reformed civil procedure legislation introduces stricter requirements for court filing, revised timelines for submitting a statement of claim, and updated rules governing interim injunction applications. The changes apply to all proceedings commenced on or after the effective date in 2025. Companies must review active litigation strategies before the next scheduled court filing to avoid procedural default.
This alert identifies which business categories are most exposed, sets out the applicable compliance deadline, and provides five immediate action items for international litigants operating in Belgium.
What changed – and when it took effect
Belgium's revised civil procedure regime came into force in the first quarter of 2025. The reform is part of a broader modernisation of Belgium's judicial system, aimed at reducing procedural delays and standardising digital court filing across all first-instance courts.
The key changes affect four areas of litigation practice.
Digital-first court filing. All procedural documents – including the statement of claim, written submissions, and documentary exhibits – must now be submitted through the Belgian courts' centralised electronic platform. Paper filing remains available only for parties without legal representation and in limited exceptional circumstances defined by civil procedure rules. For business litigants, this effectively means digital filing is mandatory.
Revised statement of claim requirements. The amended rules set out a more detailed content standard for the statement of claim. Factual averments, legal grounds, and the specific relief sought must be stated with greater precision at the outset. Courts have been given broader discretion to strike out claims that do not meet this standard, without granting an automatic opportunity to cure the defect.
Tightened interim injunction procedure. The threshold for obtaining an ordonnance sur requête unilatérale (unilateral interim injunction in Belgian civil procedure) has been raised. Applicants must now demonstrate urgency with documentary evidence at the time of filing. A bare assertion of urgency no longer suffices. Courts are also required to set a return date within a fixed period, giving the respondent an earlier opportunity to challenge the order.
Stricter enforcement of procedural deadlines. Under the amended rules, deadline extensions in contested proceedings are granted less readily. The court retains discretion to refuse an extension where prior delays are attributable to the requesting party. This affects judgment enforcement proceedings as well as first-instance hearings.
For parties with proceedings already underway, transitional provisions apply. However, the transitional window is narrow. Any step taken after the effective date – including a fresh written submission in an existing case – must comply with the new rules.
Who is affected – threshold criteria and business categories
The amendments apply to all civil and commercial proceedings before Belgian first-instance courts, courts of appeal, and enforcement courts. There is no turnover or claim-value threshold. All business litigants are in scope.
The following categories face the most immediate exposure.
International companies pursuing judgment enforcement in Belgium. Foreign companies seeking to enforce a judgment or arbitral award in Belgium must now comply with the digital filing requirement from the first step. A court filing made in paper form by a represented party will be rejected. Missed filings toll no limitation periods and do not preserve procedural rights.
Companies with pending interim injunction applications. Any party that has prepared an interim injunction application under the old urgency standard must revise its supporting documentation before filing. The evidentiary threshold is materially higher. Filing an underdeveloped application risks outright refusal, which may not be re-filed on the same facts without showing a change in circumstances.
Foreign companies with Belgian subsidiaries facing commercial litigation. Parent companies that provide litigation instructions to Belgian counsel should confirm that their internal approval processes accommodate the faster procedural rhythm imposed by the new deadline rules. Delays in approving submissions from the parent jurisdiction can now directly cause procedural default before Belgian courts.
Distributors, suppliers, and commercial counterparties in B2B disputes. Companies in ongoing contract disputes. particularly where parallel proceedings exist in another EU member state. should assess whether the amended statement of claim requirements affect the scope of claims they can still raise in Belgium at this stage.
For international companies engaged in cross-border litigation, our team's analysis of litigation and arbitration in Belgium provides a fuller overview of the procedural environment and available dispute resolution paths.
To receive an expert assessment of how these amendments affect your ongoing or planned proceedings in Belgium, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
The compliance deadline for full adherence is tied to the date of each procedural step. There is no single grace period. Every filing made after the effective date must comply. The following five actions should be prioritised without delay.
1. Audit all active Belgian proceedings. Identify every matter before a Belgian court in which your company is a party. Confirm the status of each pending filing, the next scheduled court date, and whether any submission is due within the next 60 days. This audit should include enforcement proceedings, not only first-instance disputes.
2. Register on the electronic filing platform. If your Belgian counsel has not already established access to the centralised court filing system on your behalf, this must be done before the next procedural step. Access requires registration and, in some cases, qualified electronic signature credentials. The process takes days rather than hours. Do not wait until a filing deadline approaches.
3. Review all draft statements of claim against the new content standard. Any statement of claim prepared before the effective date should be reviewed for compliance with the revised precision requirements. Pay particular attention to how legal grounds are pleaded and whether the relief sought is stated with sufficient specificity. A deficient claim may be struck out without remedy.
4. Rebuild interim injunction applications to meet the new urgency standard. If an interim injunction strategy is part of your dispute resolution plan in Belgium, reassess the documentary package now. Urgency must be evidenced – not merely asserted. Engage local counsel to advise on what the courts in your judicial district have accepted as sufficient evidence under the new standard, as practice is still developing.
5. Adjust internal approval timelines for litigation decisions. The tighter procedural calendar means that decisions on written submissions, settlement offers, and enforcement steps must be made faster. Review your internal governance process for litigation approvals and confirm that the Belgian procedural calendar is reflected in it.
Companies managing disputes across multiple EU jurisdictions should also review our alert on court procedure changes in Portugal, where parallel modernisation reforms are underway.
For companies with corporate disputes in Belgium, understanding the interplay between the new civil procedure rules and substantive commercial law is essential for preserving procedural rights at every stage.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our commercial litigation practice supports international companies managing disputes before Belgian courts and across EU jurisdictions, combining civil law expertise with the procedural rigour developed through English common law practice. As a law firm in Belgium and across Europe, we work with in-house legal teams and international entrepreneurs who need clear, actionable guidance when court procedure changes affect their live matters. Our attorneys have advised on commercial litigation, judgment enforcement, and interim injunction strategy across both civil law and common law systems. Engaging a lawyer in Belgium with cross-border experience is particularly valuable when procedural reforms shift the rules mid-dispute. To discuss how the 2025 amendments affect your proceedings, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.