We make it our business

Durnez Advocaten has broad knowledge and practical experience concerning the follow-up and handling of the various aspects of commercial and business law

You can count on us for the classic questions and procedures concerning:

• the drafting of contracts (purchase/sale agreements, shareholders´ agreements, general terms and conditions, commercial leases, distribution agreements, etc.)
• directors´ liability
• real estate law, construction law and public and administrative law (with a specific focus on environmental law and urban development);
• corporate restructurings, joint ventures, mergers and acquisitions
• banking and finance law, law of liens and pledges, securities, loan agreements.
• insolvency law and the Continuity of Enterprises Act
• intellectual property law (patents, trademarks, drawings and models, copyright, etc.)
• IT, networks, e-commerce, data protection, etc.
• market practices (more specifically advertising and consumer protection law, unfair commercial practices and distortion of competition, etc.)
• distribution law, competition law and regulatory aspects
• insurance law

We handle such matters both in and out of court, always taking the various international aspects into account.

We have SME e-wallet recognition for advice.

Many of the results achieved by our firm have been published in the legal professional literature

Insolvency law

• Commercial Court of Ghent dated 10/01/00, Rechtskundig Weekblad 00-01, 699 (judicial composition)
• Brussels dated 14/03/00, Rechtskundig Weekblad 00-01, 697 (bankruptcy and excusability)
• Brussels dated 06/11/01, Rechtskundig Weekblad 03-04, 66 (judicial composition and remission)
• District Court of Leuven dated 13/09/02, Rechtskundig Weekblad 03-04, 1274 (bankruptcy and excusability)
• Antwerp dated 02/04/09, Rechtskundig Weekblad 10-11, 25 (bankruptcy and excusability)
• Constitutional Court no. 22/2019, 14 February 2019 (request for a preliminary ruling) http://www.const-court.be (15 February 2019); Belgian Official Journal 14 October 2019 (first publication) (extract), 94283 and http://staatsblad.be (15 October 2019); JLMB 2019 (summary), issue 19, 915 and http://jlmbi.larcier.be/ (12 June 2019), note by F.G.; RW 2018-19 (summary), issue 29, 1160 and http://www.rw.be/ (3 April 2019); RW 2018-19 (summary), issue 39, 1544 and http://www.rw.be/ (26 June 2019), note (bankruptcy – third-party opposition)

Market practices

• Commercial Court of Tongeren dated 26/05/1988, Rechtskundig Weekblad 88-89, 128, and TPR, Overzicht van Rechtspraak wet op de handelspraktijken [Overview of Case law relating to the Act on Commercial Practices] 1983-1988, 289 (verbatim copying of catalogue)
• Commercial Court of Brussels dated 19/10/1994, Jaarboek Handelspraktijken [Commercial Practices Yearbook] 1995, 543 (abuse of dominant position)
• Brussels dated 21/06/1995, Rechtskundig Weekblad 95-96, 853 and AJT, 95-96, 497 and Jaarboek Handelspraktijken en Mededinging [Commercial Practices and Competition Yearbook] 1995/96, 567 (abuse of dominant economic position – refusal to sell)
• Ghent dated 20/10/04, Rechtskundig Weekblad 07-08, 280 (joint offer – real estate agent)
• President of the Commercial Court of Leuven dated 11/05/2006, Juristenkrant 21/06/2006, no. 123 (misleading advertising – international jurisdiction)
• Antwerp dated 04/06/2015, NJW dated 28/12/2016 (no. 353) p. 918 (parasitic competition – defamation – domain name)

Transportation law

• Commercial Court of Hasselt dated 17/10/1996, Rechtskundig Weekblad 96-97, 1101 (CMR – indemnification claim)
• (2nd division) AR P.20.1298.N, 16 February 2021 (clearing service), https://juportal.be (15 March 2021)(tachograph – criminal procedure law)

Corporate law

• President of the Commercial Court of Leuven dated 22/06/99, TBH 2000, 654 (forced takeover of shares)