Judgments | Belgium | Cross-Border Enforcement Center

With which jurisdictions does this country have reciprocal arrangements for enforcement of judgments?

Brussels Regulations:

Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Lugano Convention 2007:

Denmark, Iceland, Norway, Switzerland

Hague Choice of Court Convention 2005:

Austria, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, Spain, Sweden, United Kingdom

Bilateral:

Hong Kong, Mexico, Morocco, Poland

If there is no reciprocal arrangement, is it still possible to enforce a foreign judgment by means of a writ on the judgment, declaration of enforceability or similar mechanism?

Yes. The Belgian Code of Private International Law of 16 July 2004 allows a foreign judgment to be enforced based on an ex parte application before the court of first instance of the place of domicile or habitual residence of the defendant, and in the absence of domicile or residence in Belgium, the court of the place of enforcement.

What is the approximate time required to register and enforce a foreign judgment if unopposed?

1-3 months.

What is the approximate time required to register and enforce a foreign judgment if opposed?

3-12 months.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if unopposed?

USD 4,000 or more, depending inter alia on the complexity of the case and the resistance shown by the other party (or parties). This includes registry fees, a contribution to the budgetary fund for judicial assistance, the costs for obtaining an authenticated copy of the order, legal fees and, if applicable, the costs of translation and legalization, and bailiff's fees.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if opposed?

USD 8,000 or more, depending inter alia on the complexity of the case and the resistance shown by the other party (or parties). This includes registry fees, a contribution to the budgetary fund for judicial assistance, the costs for obtaining an authenticated copy of the order, legal fees and, if applicable, the costs of translation and legalization, and bailiff's fees.

Are there any unusual difficulties in enforcing a foreign judgment?

No, aside from some practical formalities (see below), the application procedure for a declaration of enforceability (exequatur) is relatively straightforward. The process for enforcing foreign judgments in Belgium differs depending on the country of origin of the judgment. Note that under the Brussels Ibis Regulation the enforcing party must no longer first apply for an exequatur but may immediately take enforcement measures based on the foreign judgment.

Cross-Border Enforcement Center

Belgium

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