Belgium has a sophisticated collective action regime.

What is the most common type of collective action you are seeing?

In the transport sector (aviation, train and automotive) and in the area of investors’ litigation.

What are the various ways a group could bring a collective action?

• By participating in an action for collective redress filed by a recognised group representative on behalf of the group (only for consumers and SMEs),
• By jointly bringing an action before court or requesting the court during proceedings to join (connected) individual actions, or 
• By giving a power of attorney to a representative body who will defend the group’s interests before court.

If collective actions are permitted, are these opt-in or opt-out actions?

There is both opt-in and opt-out systems. It depends on which type of action is brought.

Does the law currently provide for private collective actions by consumers?

Actions can be brought jointly by a group of consumers or under the umbrella of a representative body.

If collective actions are permitted are the usual forms of relief permitted and can punitive damages be claimed?

Plaintiffs in joined actions can obtain all kinds of relief. In actions for collective redress, the group of consumers/SMEs can claim compensation in kind or monetary damages.

Punitive damages are not allowed.

Are bodies which represent consumers able to bring actions on their behalf? And if yes, can these bodies bring cross-border actions?

Yes, the representative bodies must fit within defined criteria. Cross-border actions can be brought as long as the Belgium courts have jurisdiction. 

Is third party funding of litigation permitted?

But it is not a well-developed market.

Is litigation funding permitted for collective actions?

There are no specific laws preventing it. 

Are consumer groups and law firms allowed to advertise the collective actions they are running?

Yes for representative bodies of consumers, but law firms are not permitted to advertise.

Is there a formal mechanism to settle actions on a collective basis?

The settlement of joined actions brought by a group of plaintiffs does not need court approval but actions brought within the collective redress framework do require court approval. Plaintiffs can choose not to be bound by the settlement but those who are within a collective redress framework will be bound. 

If a trader loses a collective action does the law require the trader to publicise this? 

Actions within the collective redress framework will be publicised on official government websites. 

Is there a penalty for non-compliance with a final decision issued in respect of a collective action?

The Collective Redress Directive must be implemented in all EU member states by 25 December 2022. To find out more about the current progress of implementation of the Directive in this jurisdiction click here.