Commercial Law

Commercial Law Attorney in Belgium

Mis à jour en février 2026

Commercial contracts, unpaid invoices, disputes between business partners, unfair competition, bankruptcies and restructurings: the business world generates abundant and varied litigation. Belgian commercial law, now integrated into the Code of Economic Law, governs relations between traders and economic activities. The enterprise court - which replaced the commercial court - has jurisdiction over these disputes. In an economic context where speed is crucial, the commercial lawyer helps businesses defend their interests, recover debts, and weather difficult periods.

The commercial lawyer: a partner in your business

Commercial law isn't a static subject: it evolves at the pace of business, sector practices, and contractual innovations. The specialised lawyer has living, up-to-date knowledge of it.

They master procedures specific to the business world. The enterprise court offers fast tracks for certain disputes: protective attachment, summary proceedings, ex parte applications. Knowing when to use these tools can make the difference between recovering a debt and writing it off.

The commercial lawyer also takes a pragmatic approach. Litigation isn't always the best solution: it's expensive, takes time, and can destroy a business relationship. Negotiating a settlement, setting up a payment plan, finding a win-win agreement are often preferable. The lawyer knows when to litigate and when to settle.

Finally, in crisis situations (impending bankruptcy, cessation of payments), the commercial lawyer guides the company towards appropriate procedures: judicial reorganisation, transfer under judicial authority, or managing bankruptcy in the best possible conditions.

Commercial lawyer fees

Rates vary depending on the nature of the dispute and amounts at stake.

For recovering a simple debt, some lawyers offer success-based formulas: they charge a percentage of the sum recovered. Others work on an hourly rate (125-200 euros) or flat fee.

For commercial litigation before the enterprise court, expect 3,000 to 10,000 euros depending on case complexity. Cases involving accounting expert reports or technical questions can cost more.

In insolvency proceedings (judicial reorganisation, bankruptcy), fees depend on the role played: advising the debtor, representing a creditor, intervening in ongoing proceedings. Budgets range from a few thousand to several tens of thousands of euros for major cases.

Prevention fees (contract drafting, legal audit, strategic advice) are often more economical than the litigation they help avoid.

Common commercial disputes

Unpaid invoices are the bread and butter of commercial litigation. Unpaid bills, disappearing customers, debtors disputing performance: creditors must act quickly to preserve their chances of recovery.

Breakdowns in commercial relationships also generate their share of proceedings. Abrupt termination of a distribution contract, non-renewal of a commercial agency agreement, wrongful termination: the compensation claimed can be substantial.

Unfair competition encompasses various practices: disparaging a competitor, product imitation, poaching staff with recovery of customer files, economic parasitism. Cessation proceedings allow rapid halting of these practices.

Disputes between shareholders or business partners (joint ventures, cooperation agreements) often combine company law and commercial law.

Finally, insolvency proceedings (bankruptcies, judicial reorganisations, liquidations) engage commercial lawyers to protect clients' interests - whether creditors, shareholders, or directors.

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Questions fréquentes

How do I recover an unpaid debt?

Start with a formal demand. If the debtor doesn't respond, you can bring the matter before the enterprise court (for disputes between businesses) or the justice of the peace (up to 5,000 euros). Fast procedures exist: European payment order, summary proceedings. Once judgment is obtained, a bailiff can proceed with seizure.

What is judicial reorganisation?

It's a procedure allowing a company in difficulty to restructure under court protection. During a moratorium period (3 to 6 months, renewable), creditors cannot pursue the company. The aim is to reach an agreement with creditors or transfer the business.

What if my customer disputes my invoice?

First examine whether their dispute is well-founded. If unjustified, respond in writing refuting their arguments. If dialogue fails, a formal demand by lawyer can unblock the situation. As a last resort, the enterprise court will decide the dispute.

Is the penalty clause in my contract valid?

A penalty clause (liquidated damages for non-performance) is valid but the judge can reduce it if manifestly excessive compared to the actual harm suffered. Between businesses, judicial scrutiny is less strict than with consumers.

How do I protect myself against unfair competition?

Preventively: protect your trademark, patents, include confidentiality and non-compete clauses in your contracts. In case of unfair conduct by a competitor, you can seek summary injunction to halt these practices and damages for harm suffered.

Which court has jurisdiction for commercial disputes?

The enterprise court has jurisdiction for disputes between businesses (any person registered with the BCE), regardless of dispute value. Non-trading individuals can choose to bring businesses before it. For small disputes (up to 5,000 euros), the justice of the peace may have jurisdiction.

What is protective attachment?

It's a measure allowing you to freeze a debtor's assets (bank account, stock, receivables) even before obtaining a judgment on the merits, if you fear they may become insolvent. It requires authorisation from the attachment judge and justified urgency.

Can my commercial agent claim compensation when their contract ends?

Yes, commercial agents have a right to indemnity for loss of clientele if they've brought in new customers or developed existing business. This indemnity can reach one year's commissions. Exceptions exist (agent's serious fault, termination at their initiative). The law strongly protects agents.

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