In a judgment dated 30 January 2019, the Brussels Court of Appeal has rejected the first big class action under Belgian law.
Consumer organisation Test-Aankoop/Test-Achats introduced court proceedings for collective redress against telecom operator Proximus. It accused Proximus of misleading commercial practices, aggressive commercial practices and contractual default. The Court of Appeal found each of the allegations unfounded and rejected the legal action on all points.
Senior partner Herman De Bauw from Eubelius represented Proximus in this matter.
Class actions have been possible in Belgium since 2014. This is the first class action in which the Court of Appeal has ruled on the merits of the case.