Belgium

Abstract

Belgian consumer law is a mixture of private and public law rules. It is one of the areas of law where the borderline between private law and public law has become increasingly academic. Substantive provisions are very often enforced by penal sanctions while, at the same time, individual consumers who are prejudiced by the infringement, along with the Minister of Economic Affairs, and consumer organizations can bring an action for a cease and desist order before the Commercial Court. This action is provided for by the central piece of legislation in consumer matters: the Trade Practices and Consumer Protection Act 1991. The action for a cease and desist order also can be brought by competitors or trade organizations in the event that their interests (or those of their members) are affected by the wrongful act.